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VEREYKEN v. ANNIE'S PLACE, INC.

No. 91-1174.

964 F.2d 593 (1992)

Francis J. VEREYKEN and Patricia M. Vereyken, Plaintiffs-Appellees, v. ANNIE'S PLACE, INC., State of Michigan, Defendants, United States of America, Internal Revenue Service, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 21, 1992.

Rehearing Denied July 22, 1992.

Attorney(s) appearing for the Case

Richard B. Learman (argued and briefed), Bay City, Mich., Richard B. Learman, for plaintiffs-appellees.

Charles M. Greene, Gary R. Allen, Acting Chief (briefed), William S. Estabrook (argued), David A. Hubbert, U.S. Dept. of Justice, Appellate Section Tax Div., Washington, D.C., Michael Hluchaniuk, Asst. U.S. Atty., Office of the U.S. Atty., Bay City, Mich., Peter Sklarew, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Before: KEITH and NORRIS, Circuit Judges; and JOHNSTONE, District Judge.

ALAN E. NORRIS, Circuit Judge.

The government appeals the order of the district court granting summary judgment to plaintiffs, Francis J. and Patricia M. Vereyken, in their action to quiet title to their real property as a result of the government's assertion of a federal tax lien against the property.

The Vereykens operated a restaurant in Bay City, Michigan, which in 1984 they sold on land contract to Annie's Place, Inc. The land contract vendee soon experienced...

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