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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 881

Citation
§ 881
Parent Document
United States v. Southland Management Corp., 326 F.3d 669 (2002)
Effective Date
2002-05-22

Other Sections in This Document (1123)

Full Text

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        The Supreme Court has mentioned the possibility that
some type of “affirmative misconduct” by a government official
might give rise to estoppel against the government. See, e.g.,
Richmond, 496 U.S. at 421; see also Linkous v. United States, 142
F.3d 271, 277 (5th Cir. 1998) (“In order to establish estoppel
against the government, a party must prove affirmative misconduct
by the government in addition to the four traditional elements of
the doctrine.”). However, the Court has never invoked this
exception and there is no suggestion of such “affirmative
misconduct” in the instant case.