F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JAN 30 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JERRY P. MCNEIL;
MARIAN J. MCNEIL,
Plaintiffs-Appellants,
No. 97-5109
v. (D.C. No. 96-CV-624)
(N.D. Okla.)
UNITED STATES OF AMERICA;
COMMISSIONER OF THE
INTERNAL REVENUE SERVICE;
DEPARTMENT OF TREASURY,
sued as: The Secretary of the Treasury
of the United States,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before ANDERSON, McKAY, and LUCERO, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
Plaintiffs appeal the district court’s decision dismissing the individual
defendants, see Fed. R. Civ. P. 12(b)(6), and granting the United States summary
judgment on the remaining claims. We review the district court’s dismissal of
the individual defendants de novo. See, e.g., Grossman v. Novell, Inc., 120 F.3d
1112, 1118 (10th Cir. 1997). So, too, do we review the district court’s summary
judgment decision de novo, viewing the record in the light most favorable to the
nonmoving party. See, e.g., J.B. v. Washington County, 127 F.3d 919, 923
(10th Cir. 1997). Summary judgment is appropriate only if there are no genuinely
disputed material issues of fact and the moving party is entitled to judgment as
a matter of law. See Fed. R. Civ. P. 56(c).
Upon consideration of the record and the parties’ briefs, we AFFIRM
the judgment of the United States District Court for the Northern District
of Oklahoma for substantially the reasons stated in that court’s order dated
May 15, 1997. The mandate shall issue forthwith.
Entered for the Court
Stephen H. Anderson
Circuit Judge
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