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UNITED STATES, DEPT. OF TREASURY, I.R.S. v. HOOD

No. 15468.

699 P.2d 98 (1985)

The UNITED STATES of America, DEPARTMENT of the TREASURY, INTERNAL REVENUE SERVICE, Appellant, v. Delos W. HOOD, Respondent.

Supreme Court of Nevada.

April 26, 1985.

Attorney(s) appearing for the Case

Lamond R. Mills, U.S. Atty., Shirley Smith, Asst. U.S. Atty., Reno, Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, William S. Estabrook and Bruce R. Ellisen, Attorneys, Tax Div., Dept. of Justice, Washington, D.C., for appellant.

Cal Hoover, Reno, for respondent.

OPINION

PER CURIAM:

This appeal addresses the issue of whether an award of attorney fees and costs may be awarded against the United States when the suit is brought in a state court. Appellant contends that sovereign immunity, with respect to attorney fees and costs, has not been waived so as to permit such an award. We disagree. For the following reasons we conclude the district court's award was proper.

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