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BERMENSOLO v. U.S.

No. 88-3740.

883 F.2d 58 (1989)

John D. BERMENSOLO, and Claude J. Bermensolo, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1989.

Attorney(s) appearing for the Case

Deborah Swann, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Jay R. Friedly, Mountain Home, Idaho, for plaintiffs-appellees.

Before SCHROEDER, BEEZER and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

The United States appeals the district court's grant of summary judgment awarding John D. and Claude J. Bermensolo attorney's fees under 26 U.S.C. § 7430 after determining that the government had wrongfully levied against a debtor's bank account in which the Bermensolos held a prior perfected security interest. The government argues that the Bermensolos were not "prevailing parties" within the

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