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WINEBRENNER v. U.S.

No. 89-16193.

924 F.2d 851 (1991)

Earl WINEBRENNER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Daniel L. Harralson, Harralson & Dyer, Fresno, Cal., for plaintiff-appellant.

John A. Dudeck, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before HUG, BEEZER and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Plaintiff/appellant Earl Winebrenner ("Winebrenner") filed an action against the United States and Elmer Kletke ("Kletke"), a District Director of the Internal Revenue Service ("IRS"), seeking a quiet title order and the removal of tax liens on their property pursuant to 28 U.S.C. § 2410 and 26 U.S.C. § 7426 and general damages. On July 27, 1988, the district court dismissed the wrongful levy action for failing to file

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