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ROAD AND HIGHWAY BUILDERS, LLC v. U.S.

No. 2012-5063.

702 F.3d 1365 (2012)

ROAD AND HIGHWAY BUILDERS, LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 20, 2012.

Attorney(s) appearing for the Case

Carl M. Hebert , Carl M. Hebert, LTD, of Reno, NV, argued for plaintiff-appellant.

Martin F. Hockey, Jr. , Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Harold D. Lester, Jr. , Assistant Director, and Gregg Paris Yates , Trial Attorney.

Before RADER, Chief Judge, LOURIE, Circuit Judge, and DANIEL, Chief District Judge.

LOURIE, Circuit Judge.

Plaintiff-Appellant Road and Highway Builders, LLC ("RHB") appeals from a judgment of the United States Court of Federal Claims holding that RHB failed to meet its burden of proof that the United States Internal Revenue Service ("IRS") acted in bad faith when it entered into a release to redeem certain real property. See Rd. & Highway Builders, LLC v. United States, 102 Fed.Cl. 88 (2011...

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