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POWELSON v. U.S.

Nos. 89-35736, 90-35005.

979 F.2d 141 (1992)

Gordon E. POWELSON, personal representative of the estate of Clydena M. Gross, Plaintiff-Appellant, v. UNITED STATES of America, acting by and through its SECRETARY OF THE TREASURY; IRS, Defendants-Appellees. Gordon E. POWELSON, an individual; Chicago Title Insurance Company of Oregon, an Oregon corporation, Plaintiffs-Appellants, v. UNITED STATES of America, acting by and through its SECRETARY OF THE TREASURY and its Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed August 30, 1991.

Memorandum Withdrawn May 10, 1992.

Submission Withdrawn and Resubmitted May 1, 1992.

Decided May 11, 1992.

As Amended October 23, 1992.

As Amended on Denial of Rehearing and Rehearing December 8, 1992.

Attorney(s) appearing for the Case

Roy B. Thompson, Roy B. Thompson, PC, Portland, Or., for plaintiffs-appellants.

Shirley D. Peterson, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before WRIGHT, POOLE and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 8, 1992.

ORDER AND AMENDED OPINION

ORDER

The opinion filed October 23, 1992, slip op. 12783-96, is amended as follows:

[Editor's Note: Opinion Amended for Publication.]

The panel, as constituted above, has unanimously voted to deny the petition for rehearing. Judges Poole and Thompson have voted to reject the suggestion for rehearing en banc, and Judge Wright so recommends...

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