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PAYNE v. U.S.

No. 235, Docket 92-6017.

980 F.2d 148 (1992)

A. Joyce PAYNE, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Robert A. Gensburg, St. Johnsbury, Vt., for appellant.

David E. Carmack, Atty., Tax Div., Dept. of Justice, Washington, D.C. (James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen and Randolph L. Hutter, Attys., Tax Div., Dept. of Justice, Washington, D.C.; and Charles A. Caruso, U.S. Atty., Rutland, Vt., on the brief), for appellee.

Before: TIMBERS, VAN GRAAFEILAND, and McLAUGHLIN, Circuit Judges.

TIMBERS, Circuit Judge:

In this case of first impression at the appellate level, appellant A. Joyce Payne appeals from a summary judgment in favor of the United States and against Payne, entered in the District of Vermont, Albert W. Coffrin, Senior District Judge, 778 F.Supp. 804 (D.Vt.1991). The court held, as a matter of law, that the Panama Canal Commission ("PCC") was an agency of the United States Government, and therefore...

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