Ralph M. Montgomery Vonda L. Montgomery v. United States of America William E. Williamson Marilyn Williamson

967 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph M. MONTGOMERY; Vonda L. Montgomery, Plaintiffs-Appellants, v. UNITED STATES of America; William E. Williamson; Marilyn Williamson, Defendants-Appellees. Nos. 91-35558, 91-35710. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 19, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ralph M. Montgomery and Vonda L. Montgomery ("Montgomerys") appeal the district court's summary judgment in their action to quiet title under 28 U.S.C. § 2410 (91-35558) and the district court's summary judgment in their action against the third party purchasers (91-35710). The Montgomerys contend that the district court failed to exercise its discretion by granting the United States summary judgment without first addressing the merits of their pending discovery motion. They also contend that the Internal Revenue Service ("IRS") failed to give proper notice…