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UNITED STATES v. RODGERS

Nos. 79-3358, 80-1020 and 79-3888.

712 F.2d 990 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Lucille Mitzy Bosco RODGERS, Individually and as surviving spouse of Philip S. Bosco, et al., Defendants-Appellees. Joerene INGRAM and Laurel A. Bates, Trustee, Plaintiffs-Appellants, v. CITY OF DALLAS DEPARTMENT OF HOUSING & URBAN REHABILITATION, et al., Defendants, United States of America, (Internal Revenue Service), Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1983.

Attorney(s) appearing for the Case

Glenn L. Archer, Jr., Asst. Atty. Gen., William S. Estabrook, Wynette J. Hewett, John F. Murr, Michael L. Paup, Chief, Appellate Section, Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant in Nos. 79-3358 and 80-1020 and defendant-appellee in No. 79-3888.

Ray, Trotti, Hemphill, Meadows & Hahn, William David Elliott, J. Michael Wylie, Dallas, Tex., for defendants-appellees in Nos. 79-3358 and 80-1020.

L. Lynn Elliott, Charles A. Thompson, Dallas, Tex., for plaintiffs-appellants in No. 79-3888.

Before CHARLES CLARK, TATE and WILLIAMS, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

On May 31, 1983, the United States Supreme Court, 461 U.S. 677, 103 S.Ct. 2132, 76 L.Ed.2d 236, reversed the decision of this Court in United States v. Rodgers, and vacated the decision in United States v. Ingram. The cases were remanded to this Court with direction that they be remanded to the district court for further proceedings.

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