United States Sixth Circuit

Summary judgment for the U.S. government on claims under the Federal Debt Collection Procedures Act and common law unjust enrichment is vacated and remanded where: 1) the release of collateralization of defendant's certificate of deposit did not constitute unjust enrichment since the CD was at all times defendant's property; 2) the government presented no evidence to counter affidavits that payments from defendant's husband were used to pay living expenses; and 3) there was a triable issue of material fact concerning the "good faith" component of 28 U.S.C. section 3307(a).

Appellate Information

• Decided 10/04/2006
• Published 10/04/2006

Judges

• BERTELSMAN, District Judge., Before: DAUGHTREY and COLE, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Howard J. Bashman, Law Offices of Howard J. Bashman, Willow Grove, Pennsylvania, for Appellants.  John K. Neal, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  Howard J. Bashman, Law Offices of Howard J. Bashman, Willow Grove, Pennsylvania, William P. Suriano, Law Offices of William P. Suriano, Riverside, Illinois, for Appellants.  John K. Neal, United States Department of Justice, Washington, D.C., Robert T. Bateman, Bateman & Bateman, Clarksville, Tennessee, for Appellees.