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WAGNER v. U.S.

No. 07-11119.

545 F.3d 298 (2008)

Qui P. WAGNER, Plaintiff-Appellant, v. UNITED STATES of America; Department of Treasury; Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 10, 2008.

Attorney(s) appearing for the Case

Eric Arthur Liepins, Dallas, TX, for Wagner.

Christine Durney Mason, Bruce Raleigh Ellisen, U.S. Dept. of Justice, Tax Div., App. Section, Washington, DC, for U.S.

Before DAVIS, CLEMENT and ELROD, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff-Appellant Qui Wagner appeals the district court's grant of summary judgment in favor of the Defendant-Appellee, the United States of America, on her sole claim for a return of funds allegedly wrongfully levied by the government. Because the district court lacked subject matter jurisdiction to hear the suit, we vacate the district court's judgment and dismiss the suit for lack of subject matter jurisdiction.

I.

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