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U.S. v. WINSPER

No. 11-5032.

680 F.3d 482 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Malcolm C. WINSPER, Barbara L. Winsper, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Ivan C. Dale , United States Department of Justice, Washington, D.C., for Appellant. Harry B. O'Donnell IV , Louisville, Kentucky, for Appellees. ON BRIEF: Ivan C. Dale , Gilbert S. Rothenberg , Bruce R. Ellisen , United States Department of Justice, Washington, D.C., for Appellant. Harry B. O'Donnell IV , Louisville, Kentucky, for Appellees.

Before: GUY and DONALD, Circuit Judges; O'MEARA, District Judge.

OPINION

RALPH B. GUY, JR., Circuit Judge.

The United States of America appeals from the district court's final decision denying its motion to foreclose tax liens against residential property, owned by defendants Malcolm C. Winsper and his wife Barbara L. Winsper, pursuant to 26 U.S.C. § 7403. The district court entered summary judgment reducing to judgment the tax assessment against Malcolm Winsper only, but denied foreclosure of the entire property...

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