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SPENCER v. KIRKPATRICK

No. Civ-92-2292-W.

883 F.Supp. 588 (1995)

Frank R. SPENCER and Gary L. Richardson, Plaintiffs, v. Michael T. KIRKPATRICK and Gilbert B. Harrison, Defendants, v. UNITED STATES of America, Additional Defendant on Counterclaim.

United States District Court, W.D. Oklahoma.

January 26, 1995.

Attorney(s) appearing for the Case

James W. Swank, Baum & Shores, John E. Patterson, Jr., Oklahoma City, OK, for Frank R. Spencer, Gary L. Richardson.

James C. Prince, Hartzog Conger Cason & Hargis, Oklahoma City, OK, for Michael T. Kirkpatrick, Gilbert B. Harrison.

Dennis M. Duffy, U.S. Dept. of Justice, Tax Div., Washington, DC, for U.S.

ORDER

LEE R. WEST, District Judge.

This matter comes before the Court on the Motion to Exempt Funds filed by plaintiff Frank R. Spencer. The United States of America not only responded in opposition to the plaintiff's motion but also filed a Motion for Summary Judgment. The Court has reviewed each motion and having done so, makes its determination.

In June 1991, Spencer invested $65,000.00 in a car dealership owned by defendants Michael T...

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