APPELLANT Karen Greene, William Greene, brief FILED with proof of service. [Entry date Mar 10 2009 ] [DH]
“Public Interest Lawsuit” in the Second Circuit; i.e., Case No. 1:08-cv-0820, 2nd Circuit 08-04726-cv and 2nd Circuit 08-06284-cv.
APPELLANT Karen Greene, William Greene, brief FILED with proof of service. [Entry date Mar 10 2009 ] [DH]
“Public Interest Lawsuit” in the Second Circuit; i.e., Case No. 1:08-cv-0820, 2nd Circuit 08-04726-cv and 2nd Circuit 08-06284-cv.
APPELLANT Karen Greene, William Greene, brief FILED with proof of service. [Entry date Mar 10 2009 ] [DH]
“Public Interest Lawsuit” in the Second Circuit; i.e., Case No. 1:08-cv-0820, 2nd Circuit 08-04726-cv and 2nd Circuit 08-06284-cv.
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, 2008TABLE 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 OfThat, 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