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ARGABRIGHT v. U.S.

No. 93-55419.

35 F.3d 472 (1994)

Lee ARGABRIGHT; Norma J. Argabright, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Warren Nemiroff, Beverly Hills, CA, for plaintiffs-appellants.

Gary R. Allen, Doris D. Coles, Richard Farber, and William J. Patterson, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant-appellee.

Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge.

D.W. NELSON, Circuit Judge:

This is an action by taxpayers seeking abatement of interest and penalty interest on the ground that IRS personnel delayed in providing them with settlement documentation that the IRS had provided to similarly situated taxpayers. The district court dismissed the action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. We join...

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