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UNITED STATES v. WARFORD

No. 85-5576.

791 F.2d 1519 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley WARFORD, Robert Ellison, and Ina Ellison, Defendants, Gerald L. Rainwaters and Cecil R. Howell, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Amended July 9, 1986.

Attorney(s) appearing for the Case

Theodore L. Tripp, Jr., Moorey, Garvin & Tripp, P.A., Ft. Myers, Fla., for defendants-appellants.

B.B. Allen and Elizabeth Ruf Stein, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before FAY and KRAVITCH, Circuit Judges, and HENLEY, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The United States instituted this action, pursuant to 28 U.S.C. § 2410,1 to redeem property that had been purchased by Rainwaters and Howell. Both sides moved for summary judgment. The district court granted the United States' motion and Rainwaters and Howell appealed. We must decide whether the United States' suit is barred by res judicata.

I. BACKGROUND

This dispute involves property in...

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