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MADAN v. U.S. BY AND THROUGH I.R.S.

No. 93-CV-1058.

871 F.Supp. 125 (1994)

John MADAN and National Bank of Olyphant, Plaintiffs, v. UNITED STATES of America By and Through the INTERNAL REVENUE SERVICE, Defendant.

United States District Court, N.D. New York.

September 28, 1994.

Attorney(s) appearing for the Case

Yetter, Zalbowitz & Gartell, Binghamton, NY (Edward M. Gartell, of counsel), for plaintiffs.

United States Attorney's Office, N.D.N.Y., Syracuse, NY (William H. Pease, Asst. U.S. Atty., of counsel) and U.S. Dept. of Justice, Washington, DC (Tamara S. Heckman, of counsel), for defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

The plaintiffs, John Madan and the National Bank of Olyphant, have brought the instant action against the United States of America, the defendant, to recover attorneys fees expended in an underlying action to quiet title. In the previous dispute, the court granted the defendant's motion for summary judgment in its entirety, but dismissed the plaintiffs' claim...

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