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MACKLIN v. U.S.

No. 01-3489.

300 F.3d 814 (2002)

Orville MACKLIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 2002.

Attorney(s) appearing for the Case

Michael P. Stupar (argued), Stupar & Schuster, Milwaukee, WI, Susan R. Tyndall, CMT Legal Group, Ltd., Waukesha, WI, for Plaintiff-Appellant.

Regina S. Moriarty (argued), DOJ, Tax Div., App. Sec., Washington, DC, for Defendant-Appellee.

Before BAUER, RIPPLE and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

On November 16, 1999, Orville Macklin ("Mr. Macklin") filed this quiet title action against the United States. Mr. Macklin challenged the validity of a federal tax lien that the Internal Revenue Service ("IRS") had recorded against his property during August 1993. The United States moved to dismiss the action, submitting that Mr. Macklin had failed to file his claim within the applicable statute of...

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