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PARKS v. UNITED STATES INTERNAL REVENUE SERV.

No. 78-1518.

618 F.2d 677 (1980)

Robert PARKS, Dillon Gaulding, and National Treasury Employees Union, on behalf of themselves and all others of their class similarly situated, Plaintiffs-Appellants, v. UNITED STATES INTERNAL REVENUE SERVICE, Wichita District, Maurice Johnson, Robert Edmiston, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 27, 1980.

Attorney(s) appearing for the Case

William F. White, Associate Gen. Counsel, National Treasury Employees Union, Washington, D. C. (Robert M. Tobias, Gen. Counsel, National Treasury Employees Union, Washington, D. C., and Regan & McGannon, Wichita, Kan. (of counsel), with him on brief), for plaintiffs-appellants.

Jonathan S. Cohen, Atty., Tax Div., Dept. of Justice, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and Thomas M. Walsh, Attys., Tax Div., Dept. of Justice, Washington, D. C., and James P. Buchele, U. S. Atty., Topeka, Kan. (of counsel), with him on brief), for defendants-appellees.

Before DOYLE, BREITENSTEIN and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The basic question in this case is whether the plaintiffs, who are employees of the Internal Revenue Service, can maintain a civil action growing out of the use by the Wichita office of the Internal Revenue Service of personnel files of employees who had not pledged to purchase government bonds, whereby these employees were pinpointed for a telephone campaign making use of a list of such "recalcitrants," and, if so, what the nature...

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