Anthony Giaimo v. United States Govt.

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 23, 1998
• Docket: 97-1758
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-1758 ___________

Anthony M. Giaimo; Laura Giaimo, * * Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. United States Government; Stanley * Matulewic, * [UNPUBLISHED] * Appellees. * ___________

Submitted: January 7, 1998 Filed: February 23, 1998 ___________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Anthony and Laura Giaimo, husband and wife, appeal from the District Court&s1 adverse grant of summary judgment in their action to set aside the sale of their properties and to quiet title in their names. After the government seized and sold the Giaimos& properties to satisfy their outstanding federal income tax liability, the Giaimos brought this action, arguing they received deficient notice of the seizure and sale. This

1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. court reviews the District Court&s grant of summary judgment de novo, see Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir. 1997) (standard of review). After conducting such de novo review of the record, and after carefully reviewing the parties& briefs and considering the Giaimos& arguments, we agree with the District Court that, in the circumstances, the Giaimos received sufficient notice of the seizure and sale of their properties. We believe, as did the District Court, that the Giaimos should not be rewarded for their hostile and obstructive conduct. We therefore affirm the District Court&s judgment. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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