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HOLMES v. U.S.

Nos. 810, 1045, Dockets 95-6009, 95-6103.

85 F.3d 956 (1996)

Eugene HOLMES, Plaintiff, Margaret Holmes, as Voluntary Administrator for Eugene Holmes (Deceased), Plaintiff, and Mark Holmes, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 4, 1996.

Attorney(s) appearing for the Case

Mark Holmes, Arlington, VA, pro se.

Teresa E. McLaughlin, Tax Division, U.S. Dept. of Justice, Washington, DC (Loretta C. Argrett & Gary R. Allen, Tax Division, U.S. Dept. of Justice, Washington, DC, and Patrick H. NeMoyer, U.S. Attorney's Office, Western District of New York, Buffalo, NY, on the brief), for Defendant-Appellant.

Before: JACOBS and CALABRESI, Circuit Judges, and SPATT, District Judge.

CALABRESI, Circuit Judge:

Combining the advantages of apartment occupancy with those of home ownership has long been a dream of urban dwellers. But direct ownership of "flats" has not been easily achieved. In Roman law, it may well have been forbidden; and at common law, though it was permitted, it was generally viewed as dangerously cumbersome in the absence of express statutory authorization. Nowadays, laws facilitating such "condominium" ownership have been enacted...

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