HAWKES v. INTERNAL REVENUE SERVICE

No. 71-1633.

467 F.2d 787 (1972)

A. Kenneth HAWKES, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 25, 1972.


Attorney(s) appearing for the Case

B. C. Clifton, Memphis, Tenn., for plaintiff-appellant; Saul C. Belz, Burch, Porter & Johnson, Memphis, Tenn., on brief.

Dane M. Scaccia, Love, Balducci & Scaccia, Syracuse, N. Y., on brief for amicus curiae.

Richard Halberstein, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee; Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks and Bennet N. Hollander, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief; Thomas F. Turley, Jr., U.S. Atty., J. N. Raines, Asst. U.S. Atty., Memphis, Tenn., of counsel.

Before CELEBREZZE, MILLER and KENT, Circuit Judges.


CELEBREZZE, Circuit Judge.

This is an appeal from a District Court's refusal to order disclosure to Appellant of certain information possessed by the Internal Revenue Service. Appellant's request for such disclosure order was based upon the "Freedom of Information Act," 5 U.S.C. § 552.

Our consideration of this appeal necessarily leads us to construe portions of the Act and in so doing to consider the fundamental problems of public access to government...

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