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BERGER v. U.S.

No. 1059, Docket 95-6202.

87 F.3d 60 (1996)

Everett W. BERGER, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 25, 1996.

Attorney(s) appearing for the Case

Kevin M. Flynn, New York City (Kostelanetz & Fink, L.L.P., New York City, of counsel), for Plaintiff-Appellee.

Pamela C. Berry, Attorney, Tax Division, Department of Justice, Washington, D.C. (Loretta C. Argrett, Assistant Attorney General, Gary L. Allen, Kenneth L. Greene, Attorneys, Tax Division, Department of Justice, Washington D.C., Christopher F. Droney, United States Attorney for the District of Connecticut, Hartford, Connecticut, of counsel), for Defendant-Appellant.

Before: MAHONEY, WALKER, and CALABRESI, Circuit Judges.

MAHONEY, Circuit Judge:

Defendant-appellant the United States of America (the "United States") appeals from a judgment entered March 14, 1995 in the United States District Court for the District of Connecticut, Alfred V. Covello, Judge, that granted summary judgment to plaintiff-appellee Everett W. Berger in the amount of $105,000, plus interest, in his action to recover a civil tax penalty that he had previously paid to the United States, see Berger v....

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