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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ‘William M. Greene ) Karen M. Greene ) COMPLAINT ) PURSUANT TO Plaintiffs-Appellants, ) 18 U.S.C. §§ 241, CASE NOS. 1: 08-cv-0280, 2d Cir.-No. 08-03726-cv & Now Before USCA as 2d Cir. - No. 08-6284-cv Internal Revenue Service Defendant-Appellee BRIEF FOR THE PLAINTIFFS-APPELLANTS Dated: February 19, 2008 TABLE OF CONTENTS PAGE Civil Cover Sheet . Table of Contents . Table of Authorities .. Cases Statutes Code of Federal Regulations .. Federal Rules of Civil Procedure Local Rules of Procedure Federal Rules of Evidence Federal Constitution .... Exhibit Nos. Referenced From This Case Docket Nos. Referenced From This Case Other References Preliminary Statement . Jurisdictional Statement Statement Of The Issue .. Statement Of The Case: Background And Issues Presented For Review To Vacate The Order Of Dismissal And Remand Our Case Back To The USDC For Northern New York, In Albany New York Why Did The USDC For Northern New York Misstate The Nature Of The Case? .. Where Does The Evidence Record Show Authenticated, Properly Admitted Evidence That The IRS Has Us Government Agency Credentials Bestowed Upon It By An Act Of Congress? Because Plaintiffs Did Not Ask The Court To Violate Rule 201 And Rule 605 Of The Federal Rules Of Evidence .. ‘There Are No Civil And/Or Criminal Proceedings Against The Qui Tam Plaintiffs At This Time The IRS Is Obstructing Justice The IRS Is Violating The Plaintiffs Constitutional Rights Of Freedom Of Association ... But It Is Not Just The IRS, For The Court Has Also Been Obstructing Justice In This Case By Not Properly Entering Exhibits Into Evidence . The IRS Is Violating The Plaintiffs Constitutional Rights Of ... Religion . The Plaintiffs Asked For The Complaint To Be Sealed But Irrespective Of That, The Plaintiffs Had A Right To Work Which Was Denied First By The IRS And Thereafter By The District Court ..... Why Did The Court Apply The False Claims Act To Our Case? . Why Did The Court Not Acknowledge Its Responsibility Under The Doctrine Of Judicial Estoppel? .. Summary Of Argument: We Had A Right To A Proper Party In Our Suit And The Question Arises As To Whether The District Court Simply Ignored USCA Mandate And/Or Did Not Actually Comply With The Mandate .... Argument ... Standard Of Review Conclusion ... Certificate of Compliance Certificate Regarding File Format and CD-ROM . Certificate of Service/Plaintiffs" Declaration . TABLE OF AUTHORITIES CASES. Associated Industries v. Ickes, 134 F.2d 694 .... Bates v. Long Island Railroad, 997 F.2d 1028, 2 A.D. Cases 1038 (2d Cir. 07/02/1993) ... Bowers vs. Kerbaugh-Empire Co., 271 U.S. 170, 174 (1926). .. Butcher's Union Co. vs. Cresent City Co., 111 U.S. 746 (1884)) .... Chas. C. Steward Mach. Co. v. Davis, 301 U.S. 548, 581-582 (1937) ...... 12,24,50 Chrysler Corp. v. Brown, 441 U.S. 281, 297 [ Footnote 23 ] (1979) 14,36,41,46 Commissioner v. Acker, 361 U.S. 87, 95 (1959)) .... Commission v. Sanders Radio Station, 309 U.S. 470, 477 ... Coppage vs. State of Kansas, 236 U.S. 1, 23-24 (1915) .... Fisner v. Macomber, 252 U.S. 189, 205-208 (1920) .. ii

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