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Civil Procedure Keyed to Marcus
Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing
Citation:
545 U.S. 308 (2005)Facts
In 1994, the Internal Revenue Service (IRS) seized real property belonging to Grable & Sons Metal Products, Inc. for delinquent federal taxes and sold it to Darue Engineering & Manufacturing. The IRS provided notice to Grable via certified mail rather than personal service. Five years after the sale, Grable brought a quiet title action in Michigan state court, claiming that Darue’s title was invalid because the IRS had failed to notify Grable of the seizure in the manner required by 26 U.S.C. § 6335(a), which specifies that notice must be given “in person” or left at the owner’s “usual place of abode or business.” Darue removed the case to federal court, arguing that the case presented a federal question because the interpretation of the federal tax law notice provision was an essential element of Grable’s state law claim.
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