United States v. Kingsbury

U.S. Court of Appeals for the First Circuit

United States v. Kingsbury

Opinion

USCA1 Opinion


      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals
For the First Circuit





No. 97-2332

UNITED STATES OF AMERICA,

Plaintiff, Appellee,

v.

DAVID L. KINGSBURY AND ELIZABETH A. MASTERS,

Defendants, Appellants.



APPEAL FROM THE JUDGMENT OF
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge]



Before

Boudin, Circuit Judge,
Coffin, Senior Circuit Judge,
and Lynch, Circuit Judge.




David L. Kingsbury and Elizabeth A. Masters on brief pro se.
Loretta C. Argrett, Assistant Attorney General, Jay P.
McCloskey, United States Attorney, William S. Estabrook and John A.
Nolet, Attorneys, Tax Division, Department of Justice, on brief for
appellee.





June 23, 1998






Per Curiam. We have carefully reviewed the parties'
briefs and the record on appeal. We affirm on grounds that the
appellants made no attempt to show that they are entitled to
relief under Fed. R. Civ. P. 60(b). They have not shown that
they had good cause for the default, a meritorious defense to
the action, or any other grounds which would have entitled them
to relief under Rule 60(b). United States v. Proceeds of Sale
of 3888 pounds Atlantic Sea Scallops, 857 F.2d 46, 49 (1st Cir.
1988). The provisions of 28 U.S.C. 1655 have no bearing on
this issue because service below was not made pursuant to that
statute.
Affirmed. Loc. R. 27.1.

Reference

Status
Published