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RILEY v. U.S.

Nos. 96-1021, 96-1302.

118 F.3d 1220 (1997)

Floyd E. RILEY, Appellee/Cross-Appellant, v. UNITED STATES of America, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1997.

Rehearing and Suggestion for Rehearing Denied September 16, 1997.

Attorney(s) appearing for the Case

Thomas V. Linguanti, Department of Justice, Washington, DC, argued (Gary R. Allen and Gary D. Gray, on the brief), for appellant.

Paula Lee Colman, St. Louis, MO, argued (Ronald E. Jenkins, on the brief), for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and BEAM, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 16, 1997.

BEAM, Circuit Judge.

The United States appeals the district court's summary judgment order concluding that Floyd E. Riley is entitled to a $2,000 tax refund. Riley cross-appeals the court's denial of his motion for attorney fees. We reverse the court's summary judgment order and remand for further proceedings.

I. BACKGROUND

Through 1990, Floyd E. Riley was associated...

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