BROCKAMP v. U.S.

No. 94-56424.

67 F.3d 260 (1995)

Marian BROCKAMP, administrator and sole residuary beneficiary of the Estate of Stanley B. McGill, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1995.


Attorney(s) appearing for the Case

Robert F. Klueger, Boldra & Klueger, Encino, California, for plaintiff-appellant.

Bridget M. Rowan, Tax Division, United States Department of Justice, Washington, D.C., for defendant-appellee.

Before: FLETCHER, WIGGINS, and FERNANDEZ, Circuit Judges.


Opinion by Judge WIGGINS; Dissent by Judge FERNANDEZ.

WIGGINS, Circuit Judge:

Marian Brockamp, the administrator and sole beneficiary of the estate of her father, Stanley B. McGill, brought an action for a refund of his April 1984 income tax overpayment. The district court granted summary judgment in favor of the United States, holding that the suit was precluded by the statute of limitations. We reverse and remand for further proceedings on Mr. McGill's mental...

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