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FELAK v. U.S.

No. Civ. 3-87-254.

661 F.Supp. 51 (1987)

Steven FELAK, Jr., Plaintiff, v. UNITED STATES of America; C.D. Switzer, District Director, Internal Revenue Service; Joe H. Boutorac, Appeals Officer, Internal Revenue Service; Lawrence B. Gibbs, Commissioner, Internal Revenue Service, and Unknown John Does and Mary Roes, Agents or Employees of the Internal Revenue Service, Defendants.

United States District Court, D. Minnesota, Third Division.

June 1, 1987.

Attorney(s) appearing for the Case

Wendy Allison Nora, Minneapolis, Minn., Darold W. Killmer, Cohan and Stahl, P.C., Denver, Colo., for plaintiff.

Thomas D. Sykes, Trial Atty.—Tax Div., U.S. Dept. of Justice, Washington, D.C., Francis X. Hermann, Asst. U.S. Atty., Minneapolis, Minn., for defendants.

ORDER

DEVITT, District Judge.

This action contests a jeopardy assessment made by the Internal Revenue Service against plaintiff. Plaintiff was denied relief by the Secretary and subsequently sought judicial review in this court pursuant to 26 U.S.C. § 7429(b). Plaintiff seeks abatement of the jeopardy assessment and damages for violations of his constitutional rights.

At the hearing on May 26, 1987, plaintiff's local counsel, Wendy Allison Nora...

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