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MILLER v. U.S.

No. 3:93CV7015.

838 F.Supp. 338 (1993)

Quincy Ashton MILLER et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Ohio, W.D.

July 22, 1993.

Attorney(s) appearing for the Case

Richard R. Huber, Milan, OH, Timothy W. Shuminsky, Shuminsky, Shuminsky & Molstad, Sioux City, IA, for plaintiff.

Beverly Ortega Babers, Charles M. Green, Dept. of Justice, Washington, DC, Robert Trusiak, Office of the U.S. Atty., Toledo, OH, for defendant.

Memorandum & Order

CARR, United States Magistrate Judge.

This is an action arising from a levy for taxes. The parties have consented to the entry of judgment by the undersigned pursuant to 28 U.S.C. § 636(c). Pending is defendant's motion to dismiss for lack of subject matter jurisdiction. For the reasons stated below, defendant's motion shall be denied.

"A court may dismiss a complaint only if it is clear that no relief could be granted...

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