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MATHES v. U.S.

No. 89-3050.

901 F.2d 1031 (1990)

John B. MATHES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 22, 1990.

Attorney(s) appearing for the Case

Gary N. Strohauer, Alan K. Smith, Strohauer & Brown, P.A., Clearwater, Fla., for plaintiff-appellant.

William R. Sawyer, Gary R. Allen, Chief, Appellate Section, Stuart E. Horwich, Shirley D. Peterson, Charles E. Brookhart and Kevin Brown, U.S. Dept. of Justice, Tax Div., Washington, D.C., for defendant-appellee.

Before KRAVITCH and CLARK, Circuit Judges, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

This is an appeal from the district court's dismissal of the taxpayer's Complaint to enjoin the collection of federal income taxes. We affirm the district court's dismissal and denial of injunctive relief based on lack of jurisdiction. The district court was precluded from exercising equitable jurisdiction because the taxpayer failed to avail himself of his adequate legal remedy; the taxpayer...

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