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BARNHILL v. U.S.

Nos. 92-3556, 93-1683.

11 F.3d 1360 (1993)

Jerrell E. BARNHILL, Plaintiff-Counterclaim-Defendant-Appellee, v. UNITED STATES of America, Defendant-Counterclaimant-Appellant, v. SECURITY PACIFIC BUSINESS CREDIT, INC., Counterclaim Defendant-Appellee. In the Matter of Douglas W. SNOEYENBOS and Stephen T. Lyons, Petitioners, v. Hon. Robert L. MILLER, Jr., United States District Judge for the Northern District of Indiana, Jerrell E. Barnhill, Security Pacific Business Credit, Inc., and United States of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1993.

Rehearing and Suggestion for Rehearing Denied February 28, 1994.

Attorney(s) appearing for the Case

Edward L. Volk (argued), John F. Lake, Newby, Lewis, Kaminski & Jones, LaPorte, IN, for Jerrell E. Barnhill.

Michael L. Paup (argued), Gary R. Allen, John A. Dudeck, Jr., Dept. of Justice, Tax Div., Appellate Section, Washington, DC, Clifford D. Johnson, Asst. U.S. Atty., South Bend, IN, for U.S.

George E. Herendeen, Allen, Fedder, Herendeen & Kowals, South Bend, IN, for Security Pacific Business Credit, Inc.

Douglas W. Snoeyenbos, pro se.

Stephen T. Lyons, pro se.

Before FLAUM and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 28, 1994.

FLAUM, Circuit Judge.

Today we examine a tax case gone awry. On the third day of jury trial in this suit between Jerrell Barnhill, Security Pacific Business Credit, Inc. (Security), and the United States (Government), Barnhill and Security made a motion for judgment in their favor on all claims based on alleged misconduct by the Government's trial lawyers. Finding a "remarkable lack of...

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