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KING v. UNITED STATES

No. 85-8970 Non-Argument Calendar.

789 F.2d 883 (1986)

Johnny R. KING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 15, 1986.

Attorney(s) appearing for the Case

Johnny R. King, Fernandina Beach, Fla., for plaintiff-appellant.

Hinton R. Pierce, U.S. Atty., Savannah, Ga., Roger M. Olsen, Acting Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Michael L. Paup, Chief Appellate Section, Gary R. Allen and Robert S. Parish, Jr., Washington, D.C., for defendant-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

PER CURIAM:

The district court did not err in dismissing King's action for lack of jurisdiction pursuant to 26 U.S.C. § 7422(a).1

The government urges us to impose sanctions against King for bringing a frivolous appeal. See Fed.R.App.P. 38. We find that sanctions are appropriate here. It was pointed out to King in the district court's order that 26 U.S.C. § 7422(a) provides that no suit can be maintained for recovery...

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