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MILLERS MUT. INS. ASS'N OF ILL. v. WASSALL

No. 83-2078-EM.

738 F.2d 302 (1984)

MILLERS MUTUAL INSURANCE ASSOCIATION OF ILLINOIS, Appellee, v. Richard WASSALL; Dorothy Frazier; Charles E. Hansen, Trustee for E.L. Howald and Gladys Howald; Eli Howald and Gladys Howald, Appellees, United States of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1984.

Attorney(s) appearing for the Case

Daniel E. Wilke, Brinker, Doyen & Kovacs, P.C., Clayton, Mo., for appellee Millers Mut. Ins. Ass'n of Illinois.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, William S. Estabrook, III, Farley P. Katz, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellant; Thomas E. Dittmeier, U.S. Atty., St. Louis, Mo., of counsel.

Before ROSS, BENNETT and ARNOLD, Circuit Judges.

BENNETT, Circuit Judge.

The government appeals from a judgment of the district court1 awarding plaintiff-stakeholder, Millers Mutual Insurance Association of Illinois (Millers Mutual), attorney fees in an interpleader action, the effect of which was to reduce the amount recovered by the United States under prior federal tax liens. We reverse and remand.

I. Background.

On April 6, 1978, Millers Mutual brought an...

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