U.S. Court of Appeals for the Sixth Circuit, 1992

Internal Revenue Service v. Nordic Village, Inc.

Internal Revenue Service v. Nordic Village, Inc.
U.S. Court of Appeals for the Sixth Circuit · Decided April 27, 1992 · Joiner, Kennedy, Wellford
963 F.2d 118 (Federal Reporter, Second Series)

Counsel

Charles M. Greene, U.S. Dept, of Justice, Tax Div., Washington, D.C., William J. Kopp, Asst. U.S. Atty., Office of the U.S. Atty., Cleveland, Ohio, Gary R. Allen, Acting Chief (briefed), Murray S. Horwitz, Gary D. Gray (argued and briefed), John A. Dudeck, U.S. Dept, of Justice, Appellate Section, Tax Div., Washington, D.C., for plaintiff-appellant., David 0. Simon, Law Offices of David O. Smith, Cleveland, Ohio, for defendant-ap-pellee.

Internal Revenue Service v. Nordic Village, Inc.

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Opinion of the Court

ORDER

The Supreme Court has reversed the judgment and opinion previously entered in this action in which we affirmed the District Court’s judgment that the United States had waived its sovereign immunity with respect to the trustee’s claim. That Court has now held that the United States did not waive its sovereign immunity under section 106(c) of the Bankruptcy Code. Thus, the District Court lacked jurisdiction to entertain the trustee’s claim for monetary relief.

In accordance with the Supreme Court’s judgment, — U.S. —, 112 S.Ct. 1011, 117 L.Ed.2d 181 (1992), we now REVERSE the judgment of the District Court.

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