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BURKE v. U.S.

No. 90-5607.

929 F.2d 1119 (1991)

Therese A. BURKE, Cynthia R. Center, Linda G. Gibbs, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 5, 1991.

Attorney(s) appearing for the Case

Joseph E. Finley (argued), Baltimore, Md., for plaintiffs-appellants.

Gary R. Allen, Acting Chief, Bruce R. Ellisen (argued), Ann Belanger Durney, U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., John W. Gill, Jr., U.S. Atty., Knoxville, Tenn., Paul M. Predmore, Trial Atty., U.S. Dept. of Justice Tax Div., Washington, D.C., for defendant-appellee.

Before MERRITT, Chief Judge; JONES, Circuit Judge; and WELLFORD, Senior Circuit Judge.

NATHANIEL R. JONES, Circuit Judge.

Three taxpayers, Therese A. Burke, Cynthia R. Center and Linda Gibbs, appeal the decision of the district court that funds distributed to them as part of a settlement agreement resulting from an action under Title VII alleging sex discrimination were not excludable as "damages received on account of personal injuries or sickness" under 26 U.S.C. § 104(a)(2). As we find that injuries sustained in violation of Title

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