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WESTERMAN v. U.S.

No. 12-1943.

718 F.3d 743 (2013)

Gary WESTERMAN, also known as G. Westerman, Plaintiff-Appellant v. United States of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2013.

Attorney(s) appearing for the Case

Neil Deininger , argued, Nicolas Corry , on the brief, Little Rock, AR, for Appellant.

Curtis Clarence Pett , argued, Patricia M. Bowman , Bruce R. Ellison , on the brief, Washington, DC, for Appellee.

Before RILEY, Chief Judge, WOLLMAN and GRUENDER, Circuit Judges.

RILEY, Chief Judge.

Gary Westerman, as president and owner of WestCorp, Inc., presided over the financial collapse of S & S Office World (S & S), WestCorp's office supply store in Hot Springs, Arkansas. S & S could not compete when Office Depot moved into town. As WestCorp's losses mounted in 2000 and 2001, the company continued to pay employees and creditors, but underpaid the Internal Revenue Service (IRS). Unable to recover from the now defunct WestCorp...

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