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DUNN & BLACK, P.S. v. U.S.

No. 05-35766.

492 F.3d 1084 (2007)

DUNN & BLACK, P.S., Plaintiff-Appellant, and Fidelity Deposit Company of Maryland, a Maryland corporation; American Guaranty & Liability Insurance Company, a New York corporation, Intervenors, v. UNITED STATES of America, Defendant-Appellee, and Environmental Reclamation Inc., an Idaho corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2007.

Attorney(s) appearing for the Case

Michael R. Tucker, Dunn & Black, P.S., Spokane, WA, argued the cause for the plaintiff-appellant and filed a brief; Richard D. Campbell, Robert A. Dunn, and Ryan D. Yahne, Dunn & Black, P.S., Spokane, WA, were on the briefs.

Curtis C. Pett, Tax Division, U.S. Department of Justice, Washington, DC, argued the cause for the defendant-appellee, and filed briefs; James A. McDevitt, U.S. Attorney, Eileen J. O'Connor, Assistant Attorney General, and Thomas J. Clark, Tax Division, U.S. Department of Justice, were on the briefs.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a law firm can bring an action against the United States to recover attorney's fees from monies that its client was awarded as a result of a settlement with the Federal Highway Administration, but never received because the Internal Revenue Service requested that payment be withheld to offset unpaid tax liabilities.

I

The United States, through the Western Federal Lands Highway Division of the Federal...

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