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INTERFIRST BANK DALLAS, N.A. v. UNITED STATES

Nos. 84-1412, 84-1571.

769 F.2d 299 (1985)

INTERFIRST BANK DALLAS, N.A., Plaintiff-Appellant, v. UNITED STATES of America, and Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 26, 1985.

Attorney(s) appearing for the Case

Winstead, McGuire, Sechrest & Minick, J. Maxwell Tucker, Jay J. Madrid, Dallas, Tex., for plaintiff-appellant.

William W. Guild, Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Richard Farber, Gayle P. Miller, Tax Div., Dept. of Justice, Dallas, Tex., for defendants-appellees.

Before GOLDBERG, POLITZ and WILLIAMS, Circuit Judges.

GOLDBERG, Circuit Judge:

This case requires us to apply the hoary and oft-criticized doctrine of sovereign immunity. On November 4, 1982, Interfirst Bank Dallas filed suit against the United States and the Internal Revenue Service alleging that the IRS, in collecting delinquent taxes from the Condor Drilling Company, wrongfully levied upon property in which Interfirst had a perfected security interest. After severing part of Interfirst's claim, the district court...

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