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FD & S v. UNITED STATES

Civ. A. No. 81-2394.

574 F.Supp. 699 (1983)

FD & S, a Connecticut limited partnership, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, at Charleston.

March 2, 1983.

Attorney(s) appearing for the Case

Larry G. Kopelman, Charleston, W. Va., for plaintiff.

Michael W. Carey, Asst. U.S. Atty., Charleston, W. Va., Thomas O. Plouff, Atty., Tax Division, U.S. Dept. of Justice, Washington, D.C., for United States.

MEMORANDUM ORDER

COPENHAVER, District Judge.

I.

This matter is before the court on cross motions for summary judgment in the above-styled civil action. The record before the court consists of exhibits, admissions and affidavits filed by the plaintiff, and the pleadings. Jurisdiction of the court has been invoked under 26 U.S.C. § 7426, which provides for civil actions by persons other than the taxpayer for an alleged wrongful levy on property...

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