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SHERAR v. CULLEN

No. 71-1558.

481 F.2d 945 (1973)

Archie P. SHERAR, Appellant, v. Joseph M. CULLEN, District Director Internal Revenue Service, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 13, 1973.

Attorney(s) appearing for the Case

Archie P. Sherar pro se.

Stephen F. Eilperin (argued), Dept. of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., Walter H. Fleischer, Thomas J. Press, Dept. of Justice, Washington, D. C., for appellees.

Before ELY and KILKENNY, Circuit Judges, and SKOPIL, District Judge.

OPINION

ELY, Circuit Judge:

Appellant Sherar was discharged from his position as an Internal Revenue Service field agent following his refusal to furnish records for a personal tax audit. After fully exhausting his administrative remedies, Sherar filed this action in the United States District Court seeking restoration of his government position together with the back pay and other benefits lost because of the discharge. The District Court granted the appellees...

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