FALCONE v. I.R.S.

No. 82-1377.

714 F.2d 646 (1983)

Joseph FALCONE, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 8, 1983.


Attorney(s) appearing for the Case

James A. D'Agostini (argued), Bassey, Selesko, Couzens & Murphy, Southfield, Mich., for plaintiff-appellant.

Leonard R. Gilman, U.S. Atty., Detroit, Mich., Glenn L. Archer, Michael L. Paup, Richard W. Perkins, Stephen Gray (argued), Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before LIVELY and CONTIE, Circuit Judges, and SILER, District Judge.


CONTIE, Circuit Judge.

In Wolfel v. United States, 711 F.2d 66 (6th Cir.1983) we held that a pro se Freedom of Information Act (FOIA) plaintiff who is not an attorney is not entitled to attorney's fees. Today we hold that the same rule applies to pro se FOIA plaintiffs who also happen to be attorneys.

The plaintiff, a tax attorney, obtained the release of certain Internal Revenue Service documents,

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