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BANK OF NEBRASKA IN LaVISTA v. U.S.

No. 90-3073.

949 F.2d 262 (1991)

BANK OF NEBRASKA IN LaVISTA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 15, 1991.

Attorney(s) appearing for the Case

Reed Grandgenett, Omaha, Neb., argued, for appellant.

Susan Buechley, Dept. of Justice, Washington, D.C., argued (Gary Allen and Robert Pomerance, on brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and LARSON, Senior District Judge.

HEANEY, Senior Circuit Judge.

This case raises a discrete question of law. The Bank of Nebraska at LaVista (Bank) appeals the district court's dismissal of its suit to recover damages under 26 U.S.C. § 7426. The Bank argues that a wrongful levy occurred when, pursuant to a public auction, the IRS issued certificates of sale for two trucks which did not mention that the Bank held liens on the vehicles senior to the tax liens held by the Internal Revenue Service...

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