Frank M. Burke, Jr. v. G. William Miller, Secretary of the Treasury

Fifth Circuit

Frank M. Burke, Jr. v. G. William Miller, Secretary of the Treasury

639 F.2d 306, 47 A.F.T.R.2d (RIA) 1419, 1981 U.S. App. LEXIS 20752

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 23, 1981

Docket80-1558

StatusPublished

Cited by1 cases

This text of 639 F.2d 306 (Frank M. Burke, Jr. v. G. William Miller, Secretary of the Treasury) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frank M. Burke, Jr. v. G. William Miller, Secretary of the Treasury, 639 F.2d 306, 47 A.F.T.R.2d (RIA) 1419, 1981 U.S. App. LEXIS 20752 (5th Cir. 1981).

Pincite

Opinion

ALVIN B. RUBIN, Circuit Judge:

The reasons the district court lacks jurisdiction are fully set forth in its lucid opinion. Burke v. Blumenthal, 504 F.Supp. 35 (N.D.Tex.1980). We affirm the dismissal of this case for lack of jurisdiction.

The appellants argue that it is clear the government could not ultimately prevail on the merits under any circumstances. For the reasons set forth in the government’s brief, the likelihood of government success is neither foreclosed nor negligible. It is, indeed, substantial.

The ability to fill more than 36 pages with ho more than legal spun sugar does not make an argument substantial. The appeal is frivolous, and we award double costs. Rule 38 F.R.A.P. Because this appears to be adequate sanction, we refrain from awarding damages.

AFFIRMED.

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