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AFFORDABLE BIO FEEDSTOCK, INC. v. UNITED STATES

No. 21-11850.

42 F.4th 1288 (2022)

AFFORDABLE BIO FEEDSTOCK, INC., Affordable Bio Feedstock of Port Charlotte, LLC, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: July 26, 2022.

Attorney(s) appearing for the Case

Amy Judkins, Jacob Phillips, Normand, PLLC, Orlando, FL, Peter A. Lowy, Chamberlain Hrdlicka, Attorneys at Law, Houston, TX, for Plaintiffs-Appellants.

Matthew Steven Johnshoy, Bruce R. Ellisen, U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, Gregory L. Jones, Michael W. May, U.S. Department of Justice, Tax Division, Washington, DC, U.S. Attorney Service Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Defendant-Appellee.

Before Wilson, Branch, and Tjoflat, Circuit Judges.

Affordable Bio Feedstock, Inc., and Affordable Bio Feedstock of Port Charlotte, LLC, (collectively "ABF")1 appeal the District Court's summary judgment denying their claim for reimbursement of "protest payments" made to the Internal Revenue Service ("IRS") after the IRS claw-backed an alternative...

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