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MILLER v. U.S.

No. 93CV7015.

921 F.Supp. 494 (1996)

Quincy Ashton MILLER, et al., Plaintiffs v. UNITED STATES of America, Defendant.

United States District Court, N.D. Ohio, Western Division.

February 2, 1996.

Attorney(s) appearing for the Case

Martha M. McMinn, Sioux City, IA (argued), Richard R. Huber, Milan, OH, and Timothy W. Shuminsky, Shuminsky, Shuminsky & Molstad, Sioux City, IA, for plaintiffs.

S. Robert Lyons (argued), Department of Justice, Tax Division, Henry J. Riordan, Beverly Ortega Babers, Charles M. Green, Department of Justice, Washington, DC, and Robert G. Trusiak, Office of the U.S. Attorney, Toledo, OH, for defendant.

MEMORANDUM AND ORDER

CARR, District Judge.

This is a wrongful-levy action brought pursuant to 26 U.S.C. § 7426. The Government has moved to dismiss plaintiffs' complaint for failure to state a claim. For the following reasons, the motion shall be denied.

THE DISPUTE

A profitable crime, a resulting tax debt, and the Government's efforts to collect that debt underlie this suit. Plaintiffs are two minors. Their father and next...

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