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BAUMER v. UNITED STATES

No. 81-7530.

685 F.2d 1318 (1982)

Erwin G. BAUMER and Clara S. Baumer, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Erwin H. BAUMER and Gail A. Baumer, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. SEVEN EIGHTY-EIGHT GREENWOOD AVENUE CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 17, 1982.

Attorney(s) appearing for the Case

John F. Murray, Michael L. Paup, Gary R. Allen, Jo-Ann Horn, Glenn L. Archer, Jr., Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Alex P. Gaines, Robert H. Hishon, Atlanta, Ga., for plaintiffs-appellees.

Before FAY and KRAVITCH, Circuit Judges, and YOUNG, District Judge.

FAY, Circuit Judge:

In this appeal we are asked to determine whether the doctrine of law of the case precludes the District Court from ascertaining the value of an option on the date it was granted. We hold that it does. The District Court's order is reversed and remanded with directions to ascertain the value in accordance with the prior panel's ruling.

I. Background

On January 30, 1966, the Seven Eighty-Eight Greenwood Avenue Corporation (Corporation...

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