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MELTON v. TEACHERS INS. & ANNUITY ASS'N OF AMERICA

No. 96-11134 Summary Calendar.

114 F.3d 557 (1997)

Rosser B. MELTON, Jr., Plaintiff-Appellant, v. TEACHERS INSURANCE & ANNUITY ASSOCIATION of AMERICA, Defendant-Appellee, United States of America, on behalf of its agency, the Internal Revenue Service, Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 1997.

Attorney(s) appearing for the Case

Rosser B. Melton, Jr., Denton, TX, pro se.

Douglas W. Alexander, Michael W. Eady, Brown McCarroll & Oaks Hartline, Austin, TX, for Defendant-Appellee.

John A. Nolet, Charles E. Brookhart, U.S. Dept. of Justice, Tax Div., Appellate Section, Washington, DC, for Intervenor Defendant-Appellee.

Before JONES, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The Appellant, Rosser B. Melton, Jr. ("Melton"), brought suit in state court against Teachers Insurance & Annuity Association of America ("TIAA") alleging that TIAA committed fraud, breach of contract, and breach of fiduciary duty because TIAA was paying Melton's monthly annuity payment to the Internal Revenue Service ("IRS") pursuant to an IRS levy presented to it for the payment of back taxes owed by Melton. The United States...

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