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ELZA v. U.S.

No. Civ.A.6:05-339-DCR.

335 B.R. 654 (2006)

Wendell ELZA, Appellant, v. UNITED STATES OF AMERICA, Appellee.

United States District Court, E.D. Kentucky.

January 5, 2006.

Attorney(s) appearing for the Case

Chrisandrea Turner Ingram, John O'Neill Morgan, Jr., Lexington, KY, Jason E. Williams, Farmer, Kelley, Brown, Williams & Breeding, London, KY, for Appellant.

Callie R. Owen, Mary Albertine Defalaise, Michael Hertz, Patricia R. Davis, U.S. Department of Justice, J. Christopher Kohn, Tracy J. Whitaker, Ben Franklin Station, Washington, DC, for Appellee.

MEMORANDUM OPINION AND ORDER

REEVES, District Judge.

This matter is currently pending for consideration of Appellant Wendell Elza's Appeal for an Order to Vacate, Alter or Amend the bankruptcy court's Order granting summary judgment to the United States. [Record No. 1] Because it appears that the bankruptcy court has misinterpreted the res judicata effect of the prior civil judgment, this Court will grant the relief sought by the Appellant and direct...

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