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PLEMONS v. GALE

Nos. 04-1196, 04-1499.

396 F.3d 569 (2005)

Linda PLEMONS, a/k/a Linda Plemons Buechler, Plaintiff-Appellee, v. Douglas Q. GALE; Advantage 99 TD, a Delaware business trust, by and through its trustee, Defendants-Appellants, and U.S. Public Finance, Incorporated, a Delaware corporation, Defendant. National Tax Lien Association, Amicus Supporting Appellants. Linda Plemons, a/k/a Linda Plemons Buechler, Plaintiff-Appellee, v. Douglas Q. Gale; Advantage 99 TD, a Delaware business trust, by and through its trustee, Defendants-Appellants, and U.S. Public Finance, Incorporated, a Delaware corporation, Defendant. National Tax Lien Association, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Edward Pope Tiffey, Charleston, West Virginia, for Appellants. Donald R. Dinan, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Washington, D.C., for Amicus Supporting Appellants. James Truman Cooper, Cooper & Glass, Charleston, West Virginia, for Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL joined. Judge NIEMEYER wrote a dissenting opinion.

NIEMEYER, Circuit Judge, dissenting.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Concluding that Linda Plemons had not received constitutionally adequate notice of her right to redeem certain real property, the district court granted summary judgment to Plemons and set aside a deed to that property...

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