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IN RE PINKSTAFF

No. 91-35705.

974 F.2d 113 (1992)

In re Keith V. PINKSTAFF; Linda L. Pinkstaff, Debtors. Keith V. PINKSTAFF; Linda L. Pinkstaff, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1992.

Attorney(s) appearing for the Case

Blair J. Henningsgaard, Brownhill & Henningsgaard, Astoria, Or., for plaintiffs-appellants.

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

Before: WRIGHT, BEEZER, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Chapter 13 debtors Keith and Linda Pinkstaff appeal from the district court's affirmance of the bankruptcy court's dismissal of their claim against the United States for damages, attorney's fees and costs under 11 U.S.C. § 362(h), arguing that the Internal Revenue Service ("IRS") willfully violated the automatic stay in their case by filing a notice of federal income tax lien after the Pinkstaffs...

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