Brooks v. Dam

U.S. Court of Appeals for the Fifth Circuit
Brooks v. Dam, 126 F. App'x 173 (5th Cir. 2005)

Brooks v. Dam

Opinion

PER CURIAM: *

As the district court correctly dismissed the action of Plaintiffs-Appellants on the determination that the United States is the real party of interest and its sovereign immunity has not been waived by the Administrative Procedure Act, we need not address the alternative grounds for dismissal, including without limitation, lack of standing, procedural bar by the Anti-Injunction Act and the Declaratory Judgment Act, and failure to exhaust administrative remedies. For the reasons more particularly set forth in its Order, the district court’s rulings are, in all respects,

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
George Dalton BROOKS; Et Al, Plaintiffs, George Dalton Brooks; Corwin Henry Meyer; Richard Welsh; Monroe Ashworth, III; Martin Amon; Et Al, Plaintiffs-Appellants, v. Kenneth DAM, Etc; Et Al, Defendants, United States of America; John Snow, Secretary, Department of Treasury; Mark W. Everson, Commissioner of the Internal Revenue Service, Defendants-Appellees
Status
Unpublished