GANDY NURSERY, INC. v. U.S.

No. 04-40718.

412 F.3d 602 (2005)

GANDY NURSERY, INC., Dennis C. Gandy, doing business as Dennis Gandy Nursery, Gandy Marketing and Trucking, Inc., Dennis C. Gandy, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 2005.


Attorney(s) appearing for the Case

Jeffrey Wallace Hellberg, Jr. (argued), Law Offices of Jeffrey W. Hellberg, Jr., Dallas, TX, for Plaintiffs-Appellees.

Robert J. Branman (argued), Jonathan S. Cohen, U.S. Dept. of Justice, Tax Div., Richard Bradshaw Farber, U.S. Dept. of Justice, Washington, DC, for Defendant-Appellant.

Before REAVLEY, DeMOSS and PRADO, Circuit Judges.


DeMOSS, Circuit Judge:

Gandy Nursery, Inc. ("Gandy Nursery"), Dennis C. Gandy, d/b/a Dennis Gandy Nursery, Gandy Marketing and Trucking, Inc. ("GM&T"), and Dennis C. Gandy ("Gandy"), (collectively, "Appellees") brought an action in district court against Appellant United States (the "Government"), seeking a refund for tax penalty assessments and damages for failure to release certain tax liens.1

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