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KUTE v. U.S.

No. 99-3195.

191 F.3d 371 (1999)

William T. KUTE and Francis M. Kute, Appellants v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided September 22, 1999.

Attorney(s) appearing for the Case

Gary M. Lightman, Eric C. Stoltenberg, Lightman & Welby, Harrisburg, PA, for Appellants.

David M. Barasch, United States Attorney, Loretta C. Argrett, Assistant Attorney General, Teresa E. McLaughlin, Annette M. Wietecha, Donald B. Tobin, Attorneys Tax Division, United States Department of Justice, Tax Division, Washington, DC, for Appellee.

BEFORE: GREENBERG, SCIRICA, and RENDELL, Circuit Judges.

Submitted pursuant to Third Circuit Rule 34.1(a) September 17, 1999.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter is before this court on appeal from an order entered on January 15, 1999, on the parties' cross motions for summary judgment in the district court in this tax refund case. The district court entered the order in accordance with its accompanying memorandum opinion. The district court had jurisdiction...

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