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BADDOUR, INC. v. UNITED STATES

No. 85-4595.

802 F.2d 801 (1986)

BADDOUR, INC. and BMC Sales, Inc., Plaintiffs-Appellees-Appellants, v. UNITED STATES of America, Defendant-Appellant, Michael E. Posey, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 1986.

Attorney(s) appearing for the Case

Nancy G. Morgan, William D. Holmes, Ann Bellandger Durney, Michael L. Paup, Chief, Appellate Sec., Tax Div., Dept. of Justice, Washington D.C., Glen H. Davidson, U.S. Atty., Thomas W. Dawson, Asst. U.S. Atty., Oxford, Miss., for defendant-appellant.

Eugene Greener, Jr., Goodman, Glazer, Greener, Schneider & McQuiston, Memphis, Tenn., Troutt & Moore, Nat G. Troutt, Senatobia, Miss., for plaintiffs-appellees-appellants.

Before GEE and ROBERT MADDEN HILL, Circuit Judges, and EDWIN F. HUNTER, Jr., District Judge.

OPINION

EDWIN F. HUNTER, Jr., District Judge:

Baddour, Inc., brought this wrongful levy suit against the United States of America and Michael Posey, an IRS agent. Damages are claimed for losses allegedly sustained when its property, certain soft goods located in a taxpayer's plant, was seized to satisfy taxpayer's liability. Following a bench trial, the district court concluded that recovery against Posey, individually was barred by the doctrine of qualified...

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