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ERTMAN v. U.S.

Docket No. 97-6237.

165 F.3d 204 (1999)

David F. ERTMAN and Jane Ertman, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 27, 1999.

Attorney(s) appearing for the Case

Brian P. Daniels, Brenner, Saltzman & Wallman LLP, New Haven, Conn., for Plaintiffs-Appellants David F. Ertman and Jane Ertman.

Annette M. Wietecha, Tax Division, Department of Justice, Washington, D.C. (Loretta C. Argrett, Assistant Attorney General, and Gilbert S. Rothenberg, Tax Division, Department of Justice, and John H. Durham, United States Attorney, District of Connecticut, on the brief), for Defendant-Appellee United States of America.

Before: FEINBERG, CALABRESI, and SOTOMAYOR, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiffs-Appellants David and Jane Ertman appeal from a decision of the United States District Court for the District of Connecticut (Peter C. Dorsey, Chief Judge) granting summary judgment to the Defendant-Appellee United States of America and denying the Ertmans' motion for summary judgment. See Ertman v. United States, 972 F.Supp. 706 (D.Conn.1997). The district court held that the...

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