JOHNSON v. SAWYER

No. 96-20667.

120 F.3d 1307 (1997)

Elvis E. JOHNSON, Plaintiff-Appellee, v. Robert C. SAWYER, et al., Defendants, Robert C. Sawyer, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 1997.


Attorney(s) appearing for the Case

Kendall C. Montgomery, John M. O'Quinn, O'Quinn, Kerensky, McAninch & Laminack, Houston, TX, Larry A. Campagna, Houston, TX, Vincent Lee Marable, III, Wharton, TX, for Plaintiff-Appellee.

Thomas J. Clark, Jonathan S. Cohen, U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, for Defendants-Appellants.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Of the numerous issues raised in this appeal, two are critical to our disposition: whether tax return information, once disclosed in open court, loses its confidentiality such that its subsequent publication by a federal employee does not violate 26 U.S.C. § 6103, which prohibits disclosure of such information except under limited, non-applicable, circumstances; and whether, on remand, this case must be reassigned.

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