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MURRAY v. U.S.

Appeal No. 87-1063.

817 F.2d 1580 (1987)

James A. MURRAY, Justin L. Murray and Joan M. Murray, Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

May 5, 1987.

Attorney(s) appearing for the Case

James A. Murray, pro se.

Michael L. Paup, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., submitted for appellee; Roger M. Olsen, William S. Estabrook and Doris D. Coles, of counsel.

Before NEWMAN and BISSELL, Circuit Judges, and RE, Chief Judge.

BISSELL, Circuit Judge.

James A. Murray, Justin L. Murray, and Joan M. Murray (collectively Murray) appeal from the judgment of the United States Claims Court, 10 Cl.Ct. 696 (1986), dismissing their complaint for failure to state a claim upon which relief can be granted. We vacate and remand.

BACKGROUND

The Murrays were joint holders of a second mortgage on a parcel of land located in Cass County, North...

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