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WHELAN v. UNITED STATES

No. 14-74.

529 F.2d 1000 (1976)

John Joseph WHELAN v. The UNITED STATES.

United States Court of Claims.

January 28, 1976.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., attorney of record, for plaintiff. Barbara C. Miller and Heise & Jorgensen, Silver Spring, Md., of counsel.

Richard J. Webber, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D. C., for defendant. Iraline G. Peniston and Peter A. Wissner, of counsel.

Before LARAMORE, Senior Judge, KASHIWA and BENNETT, Judges.

KASHIWA, Judge.

This case is before this court on cross motions for summary judgment. Material facts are not in dispute. We allow plaintiff's cross motion for summary judgment and deny defendant's motion for summary judgment for reasons hereafter stated.

Although this is an Internal Revenue Service (hereafter IRS) case, it relates to an interesting phase of IRS work less known to the public. An IRS employee with...

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