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ESTATE OF JOHNSON

No. 86-6026.

836 F.2d 940 (1988)

In the ESTATE OF Norman L. JOHNSON, Deceased. Melvin M. ENGEL, Executor of the Estate of Norman L. Johnson, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 2, 1988.

Attorney(s) appearing for the Case

Mark D. Wilson, Engel, Jones & Wilson, Houston, Tex., for plaintiff-appellant.

Henry K. Oncken, U.S. Atty., Houston, Tex., Kenneth W. Rosenberg, Steven Gremminger, Dept. of Justice, Tax Div., Michael L. Paup, Chief, Appellate Section, Roger M. Olsen, Asst. Atty. Gen., William S. Estabrook, Washington, D.C., for defendant-appellee.

Before WISDOM, GEE and KING, Circuit Judges.

CAROLYN DINEEN KING, Circuit Judge:

Melvin M. Engel, the executor of the estate of Norman L. Johnson, appeals from the district court's dismissal of his suit to quiet title to property clouded by federal tax liens. The district court dismissed the executor's suit on the ground that the district court lacked subject matter jurisdiction over the dispute, given the United States' failure to waive sovereign immunity in such cases. Finding the district court in error on...

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