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SCHMIDT v. KING

No. 89-3240.

913 F.2d 837 (1990)

Esley E. SCHMIDT and Mildred R. Schmidt, Plaintiffs-Appellants, v. Clarence M. KING, Jr., District Director, Max J. Kennedy, Revenue Officer, Internal Revenue Service, Commissioner of the Internal Revenue Service, United States of America, Does I Through X Inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 16, 1990.

Attorney(s) appearing for the Case

Esley E. Schmidt and Mildred R. Schmidt, pro se.

Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Kenneth L. Greene, and Curtis C. Pett, Attys., Tax Div., Dept. of Justice, Washington, D.C., (Benjamin L. Burgess, Jr., U.S. Atty., Wichita, Kan., of counsel), for defendants-appellees.

Before SEYMOUR, BRORBY, and EBEL, Circuit Judges.

PER CURIAM.

The initial issue before us in this case is whether the district court had jurisdiction to consider this action, which plaintiffs Esley E. and Mildred R. Schmidt characterize as an action to quiet title under 28 U.S.C. § 2410. Because Mr. and Mrs. Schmidt were actually challenging the Internal Revenue Service's deficiency assessment and collection of taxes, which may not be attacked under the authority of section 2410, we conclude the district court...

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