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CHAMBERLAIN EX REL. CHAMBERLAIN v. U.S.

No. 03-31136.

401 F.3d 335 (2005)

Chad Anthony CHAMBERLAIN, By and Through His Curator, Wilmer Joseph CHAMBERLAIN and His Under-Curatrix, Beverly LeBlanc Chamberlain; Wilmer Joseph Chamberlain; Beverly LeBlanc Chamberlain, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 18, 2005.

Attorney(s) appearing for the Case

William A. Porteous, III (argued), Porteous, Hainkel & Johnson, New Orleans, LA, for Plaintiffs-Appellants.

Samuel Ashby Lambert (argued), Bruce Raleigh Ellisen, U.S. Dept. of Justice, Tax Div., Washington, DC, for Defendant-Appellee.

Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Chad Chamberlain, by and through his parents Wilmer and Beverly Chamberlain,1 brought suit against the United States seeking recovery of over one million dollars in income tax assessed against prejudgment interest awarded in a personal injury lawsuit. The Chamberlains argued that prejudgment interest recovered in a personal injury suit is excluded from taxation...

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