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SMITH v. KATZENBACH

No. 19230.

351 F.2d 810 (1965)

John SMITH, Jr., et al., Appellants, v. Nicholas deB. KATZENBACH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 27, 1965.

Opinion Filed September 3, 1965.

Petition for Rehearing Denied October 26, 1965.

Attorney(s) appearing for the Case

Mr. Paul R. Connolly, Washington, D. C., with whom Messrs. Seymour S. Mintz and Robert H. Kapp, Washington, D. C., were on the brief, for appellants.

Mr. Richard B. Buhrman, Atty., Dept. of Justice, with whom Messrs. David C. Acheson, U. S. Atty., John B. Jones, Jr., Lee A. Jackson and Joseph M. Howard, Attys., Dept. of Justice, were on the brief, for appellees. Louis F. Oberdorfer, Asst. Atty. Gen., and Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered appearances for appellees.

Before FAHY, BURGER and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc Denied October 26, 1965.

LEVENTHAL, Circuit Judge.

This is an appeal by taxpayers charging that agents of the Internal Revenue Service used unconstitutional means to obtain information and seeking equitable relief to prohibit the retention or use of such information by Government officials determining whether his case should be presented to a grand jury. The District Court dismissed for lack of jurisdiction, on the ground that...

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