MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. JACKS

No. 90-4213.

960 F.2d 911 (1992)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware corporation, Plaintiff-Appellee, v. Bernice JACKS, Bernice Bettridge, Bernice Jacks and Bernice Bettridge, as Trustees of the Bernice Jacks Revocable Family Trust, Kristen Larsen, Jill Larsen, Jo Lynn Larsen, as Guardian for Kimberly Larsen, Brook Larsen, Mary Lynn Larsen, and Jack David Larsen, Defendants, and Jo Lynn Larsen, Defendant-Appellee. Clerk of the United States District Court for the District of Utah, acting in his official capacity as an officer of the United States, Appellant.

United States Court of Appeals, Tenth Circuit.

April 1, 1992.


Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Dee V. Benson, U.S. Atty., and Douglas N. Letter and Catherine L. Fisk, Attorneys, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., on the briefs for appellant.

Charles M. Bennett, Callister, Duncan & Nebeker, Salt Lake City, Utah, for plaintiff-appellee.

Before McKAY, Chief Judge, TACHA, Circuit Judge, and BROWN, District Judge.


TACHA, Circuit Judge.

The appellant appeals an order of the district court entering judgment against the United States in the amount of $9,960.04. On appeal, the appellant contends that the district court lacked jurisdiction to enter a judgment against the United States because there was no waiver of sovereign immunity. The appellant also asserts that the express requirements of Fed. R.Civ.Proc. 67 precluded the district court from granting relief in this case. We...

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