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HUNSUCKER v. PHINNEY

No. 71-2580.

497 F.2d 29 (1974)

Louis Sager HUNSUCKER, Jr., Plaintiff-Appellant, v. Robert L. PHINNEY, District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1974.

Attorney(s) appearing for the Case

Douglass D. Hearne, Austin, Tex., for plaintiff-appellant.

Morris Silverstein, U. S. Dept. of Justice, Tax Div., Scott P. Crampton, Asst. Atty. Gen., Carlton D. Powell, Fred B. Ugast, Act. Asst. Atty. Gen., Meyer Rothwacks, Attys., Tax Div., Dept. of Justice, Washington, D. C., William S. Sessions, U. S. Atty., San Antonio, Tex., for defendant-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant Hunsucker, against whom no civil or criminal proceeding was pending, sued seeking to prohibit the use against him in any action, civil or criminal, of documentary evidence that he claims had been illegally seized. More specifically he sought pursuant to the federal declaratory judgment statute, 28 U.S.C. §§ 2201-2202, a declaration that the material was illegally seized, and, pursuant...

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