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SPILMAN v. CREBO

No. CV-81-106-BU.

561 F.Supp. 652 (1982)

Keira SPILMAN, Plaintiff, v. Kent B. CREBO, individually & as an employee of the Internal Revenue Service; Ken Elder, individually & as an employee of the Internal Revenue Service; Fred Nielsen, individually & as an employee of the Internal Revenue Service; the Internal Revenue Service, acting as a government agency; and the United States of America, Defendants.

United States District Court, D. Montana, Butte Division.

November 30, 1982.

Attorney(s) appearing for the Case

William A. Schreiber, Belgrade, Mont., for plaintiff.

James P. Sites, Trial Atty., Dept. of Justice, Tax Div., Washington, D.C., Allan McKenzie, Asst. U.S. Atty., Butte, Mont., for defendants.

MEMORANDUM OPINION

HATFIELD, District Judge.

Herein considered are the defendants' motions to dismiss, or in the alternative, for summary judgment.

Count I of the complaint alleges that in the course of an investigation of a taxpayer who resides with the plaintiff, defendants Crebo and Elder issued a summons pursuant to 26 U.S.C. § 7602 and served it on the plaintiff. Counsel for the plaintiff contacted defendant Crebo and informed him that...

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