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BEATY v. U.S.

Nos. 90-5265, 90-5372.

937 F.2d 288 (1991)

Amanda York BEATY and Nancie York Gunter, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 26, 1991.

Attorney(s) appearing for the Case

W. Morris Kizer, Mack A. Gentry, Mark P. Jendrek (argued), Gentry, Tipton, Kizer & Little, Knoxville, Tenn., for plaintiffs-appellants.

Gary R. Allen, Acting Chief, David I. Pincus, William S. Estabrook (argued), Rosemary Schrauth, U.S. Dept. of Justice, Appellate Section Tax Div., William D.M. Holmes, U.S. Dept. of Justice, Tax Div., Washington, D.C., John W. Gill, Jr., U.S. Atty., Office of the U.S. Atty., Chattanooga, Tenn., for defendant-appellee.

Before KEITH and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.

BOGGS, Circuit Judge.

The plaintiffs, Amanda York Beaty and Nancie York Gunter, sued the Internal Revenue Service for wrongful levy. Soon after filing suit against the IRS, the plaintiffs moved for summary judgment. The district court denied their motion and entered summary judgment for the IRS, sua sponte. We reverse.

I

There are no material factual disputes in this case. The only disagreement between...

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