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JOHNSON v. U.S.

No. 843, Docket 92-6231.

990 F.2d 41 (1993)

Thomas A. JOHNSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Thomas A. Johnson, pro se.

James A. Bruton, Acting Asst. Atty. Gen., Dept. of Justice, Tax Div., Washington, DC (Gary R. Allen, William S. Estabrook, Billie L. Crowe, Philip H. Karter, Attys., Dept. of Justice, Tax Div., Washington, DC, Albert S. Dabrowski, U.S. Atty. for D. Conn., New Haven, CT, H. Gordon Hall, Asst. U.S. Atty., of counsel), for defendant-appellee.

Before: LUMBARD, McLAUGHLIN, Circuit Judges, and DUFFY, District Judge.

LUMBARD, Circuit Judge:

Thomas A. Johnson, pro se, appeals from an order of the District Court of Connecticut, Dorsey, J., granting the government's motion for summary judgment in his action to quiet title to his property by removing a tax lien. Johnson contends that this ruling was in error because the IRS assessed the tax which formed the basis of the lien before his time for filing an appeal expired. We agree and reverse.

On August 2, 1990...

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