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TRAINER v. U.S.

Appeal No. 86-850.

800 F.2d 1086 (1986)

Robert B. TRAINER and Sirin D. Trainer, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

September 5, 1986.

Attorney(s) appearing for the Case

Buford P. Berry, of Thompson & Knight, Dallas, Tex., argued for appellants; with him on brief was Mary J. Clariday, of Thompson & Knight, Dallas, Tex.

Jonathan S. Cohen, of the Tax Div., Dept. of Justice, Washington, D.C., argued for appellee; with him on brief were Roger M. Olsen, Acting Asst. Atty. Gen., Michael L. Paup and Robert S. Parish, Jr., Tax Div., Dept. of Justice, Washington, D.C.

Matthew J. Zinn, Gerald A. Kafka, and J. Walker Johnson, of Steptoe & Johnson, Washington, D.C., for amicus curiae, Atlantic Richfield Co.

Before NIES, Circuit Judge, MILLER, Senior Circuit Judge, and BISSELL, Circuit Judge.

JACK R. MILLER, Senior Circuit Judge.

This appeal in a tax refund suit1 is from the judgment of the United States Claims Court dismissing appellants' complaint based on the United States' ("Government") motion for judgment on the pleadings.2 We affirm.

The issue is whether the Claims Court's order was erroneous, being based on its holding in O.B. Mobley, Jr. v. United States, 8 Cl.Ct. 767 (1985...

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