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RAMSEY v. U.S.

No. 01-35014.

302 F.3d 1074 (2002)

Kip R. RAMSEY, dba Tiin-Ma Logging Co.; Tiin-Ma Logging Co., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2002.

Attorney(s) appearing for the Case

David English Carmack, Department of Justice, Washington, DC, for the defendant-appellant.

A. Wray Muoio, Department of Justice, Washington, DC, for the defendant-appellant.

Kent L. Jones, Department of Justice, Washington, DC, for the defendant-appellant.

Timothy Weaver, Weaver Law Office, Yakima, Washington, for the plaintiffs-appellees.

Before BRUNETTI, TROTT, and McKEOWN, Circuit Judges.

OPINION

TROTT, Circuit Judge.

OVERVIEW

The United States appeals the district court's grant of summary judgment in favor of Kip R. Ramsey ("Ramsey") awarding him a refund of federal heavy vehicle and diesel fuel taxes, penalties, and interest. The government argues that Ramsey's prior federal lawsuit challenging a similar Washington state tax is not controlling, and that the district court erred by deferring to it. We have jurisdiction pursuant...

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