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FOXMAN v. RENISON

No. 637, Docket 79-6165.

625 F.2d 429 (1980)

Erwin N. FOXMAN and Edith C. Foxman, Plaintiffs-Appellants, v. John P. RENSION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 16, 1980.

Attorney(s) appearing for the Case

Erwin N. Foxman, pro se.

Jo Ann Horn, Tax Division, U. S. Dept. of Justice, Washington, D. C. (M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and Jonathan S. Cohen, Attys., Washington, D. C., of counsel), for defendant-appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and TENNEY, District Judge.

VAN GRAAFEILAND, Circuit Judge:

The question in this case is whether appellants have a Fifth Amendment cause of action against appellee, a former Internal Revenue Service agent, for alleged misconduct during an IRS audit of appellants. The district court held that they have not and granted appellee's motion for summary judgment. We affirm.

Appellant Erwin N. Foxman is a dentist who practices in Rochester, New York...

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