John F. Banner v. Edward W. Burger

19 F.3d 1439 73 A.F.T.R.2d 94 -1608 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John F. BANNER, et al., Plaintiffs-Appellees, v. Edward W. BURGER, et al., Defendants-Appellants. No. 92-36562. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1994. * Decided March 23, 1994. 1 Before: CANBY AND T.G. NELSON, Circuit Judges, and SHUBB, ** District Judge. 2 Edward and Sandra Burger appeal pro se from the judgment of the United States District Court for the District of Alaska. The district court granted summary judgment for John and Lynda Banner, finding that the Banners purchased a parcel of real property pursuant to a properly noticed tax sale and were entitled to possession of the property. The court later denied the Burgers' motion to amend or alter the judgment. 3 The issues on appeal are: (1) whether the district court had subject matter jurisdiction when it granted the Banners' motion for summary judgment; and (2) whether the district court erred in…