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MONTGOMERY v. U.S.

No. IP 92-407-C.

829 F.Supp. 1061 (1993)

Robert E. MONTGOMERY and Lenora H. Montgomery, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

July 6, 1993.

Attorney(s) appearing for the Case

Thomas J. O'Rourke, Virginia H. Johnson, Shaw Bransford & O'Rourke, Washington, DC, for plaintiffs.

Michael W. David, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, Jeffrey L. Hunter, Asst. U.S. Atty., Office of the U.S. Atty., Indianapolis, IN, for defendant.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

McKINNEY, District Judge.

This cause comes before the Court on cross motions for summary judgment. The parties have filed their briefs and the matter is now ready to be resolved. For the reasons discussed below, this Court GRANTS the plaintiffs' motion for summary judgment and DENIES the defendants' motion for summary judgment.

I. FACTUAL & PROCEDURAL BACKGROUND

The parties do...

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