DICKENS v. UNITED STATES

No. 80-1190.

671 F.2d 969 (1982)

Jack DICKENS and Homer Lee Scott, Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1982.


Attorney(s) appearing for the Case

Hugh C. Howser, Hugh C. Howser, Jr., Nashville, Tenn., for plaintiffs-appellants.

Hal D. Hardin, U. S. Atty., Nashville, Tenn., Jay W. Miller, M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Tax Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before LIVELY and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.


MERRITT, Circuit Judge.

In this case for injunctive and declaratory relief, the plaintiffs, Jack Dickens and Homer Lee Scott, appeal the decision of the District Court under the Anti-Injunction Act, 26 U.S.C. § 7421, and the Declaratory Judgment Act, 28 U.S.C. § 2201 dismissing their suit for lack of subject matter jurisdiction. The issue is whether these statutes withdraw from federal courts jurisdiction to enjoin the Internal Revenue Service from using...

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