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SCARAFIOTTI v. SHEA

No. 71-1308.

456 F.2d 1052 (1972)

Mike SCARAFIOTTI, Plaintiff-Appellant, v. John G. SHEA, aka Jerry Shea, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 10, 1972.

Attorney(s) appearing for the Case

Melvin A. Coffee, Denver, Colo., for plaintiff-appellant.

Gary R. Allen, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, John P. Burke, and Joseph H. Reiter, Attys., Tax Division, Dept. of Justice, and James L. Treece, U. S. Atty., of counsel, on the brief), for defendant-appellee.

Before BREITENSTEIN, HILL and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Scarafiotti brought a mandamus action under 28 U.S.C. § 1361 against defendant-appellee Shea. The district court sustained a motion to dismiss.

The complaint alleges that defendant Shea is a Special Agent in the Intelligence Division of the Internal Revenue Service; that an attorney for the plaintiff wrote the defendant saying that he represented the plaintiff "in the tax matter being investigated by the...

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