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IN RE GRAHAM

No. 89-1371.

981 F.2d 1135 (1992)

In re Samuel Derek GRAHAM and Suzanne Genett Graham, Debtors. Samuel Derek GRAHAM and Suzanne Genett Graham, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 9, 1992.

Attorney(s) appearing for the Case

Joel A. Rabinovitz, Attorney, Tax Div., Dept. of Justice, Washington, DC (Shirley D. Peterson, Asst. Atty. Gen., Dept. of Justice, Washington, DC; Gary R. Allen, Charles E. Brookhart, James H. Love, and David M. Moore, Attorneys, Tax Div., Dept. of Justice, Washington, DC; and Michael J. Norton, U.S. Atty., Denver, CO, of counsel, on the briefs), for defendant-appellant.

Ralph A. Cantafio of McGill Professional Law Corp., Steamboat Springs, CO, for plaintiffs-appellees.

Before SEYMOUR, BARRETT, and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

In order to punish the Internal Revenue Service for the "extraordinarily inept and confusing way [it] handled" this litigation, rec., vol. III, at 8, and to compensate the debtors who were its adversaries, the Bankruptcy Court for the District of Colorado imposed two awards of attorney's fees against the government. It also granted a tax refund to the debtors. Because the judicially-created tradition of sovereign immunity protects the federal...

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