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HORKEY v. U.S.

No. Civ. 4-88-409.

715 F.Supp. 259 (1989)

Jon R. HORKEY and Sheila M. Horkey, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Fourth Division.

May 25, 1989.

Attorney(s) appearing for the Case

John S. Jagiela, Oppenheimer, Wolff & Donnelly, Minneapolis, Minn., for plaintiffs.

Virginia Cronan Lowe, U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Plaintiffs Jon and Sheila Horkey brought this action against defendant United States of America seeking the return of taxes which they allege were unlawfully assessed. Jurisdiction is based upon 28 U.S. C. § 1346(a)(1). Now before the court is the government's motion to dismiss Jon Horkey's claim for lack of subject matter jurisdiction.

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