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Lawrence A. FORTNEY, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

United States Court of Appeals for the Eleventh Circuit1985-10-18No. No. 85-8098
774 F.2d 445

Authorities cited

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Opinion

majority opinion

PER CURIAM:

The district court had no jurisdiction to consider appellant’s claim because he had not filed a proper claim for refund. The award of attorney’s fees to the government was appropriate because appellant’s suit was frivolous. The government is awarded double costs for this appeal because the appeal is obviously frivolous. 28 U.S.C. § 1912; F.R.A.P. 38. Affirmed.