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LINN v. CHIVATERO

No. 82-3309.

714 F.2d 1278 (1983)

Kenneth H. LINN, International Marketing and Development Corporation and John A. Stassi, II, Plaintiffs-Appellants, v. Jack CHIVATERO, District Director of Internal Revenue Service, New Orleans, La., Bruce Milburn, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 19, 1983.

Attorney(s) appearing for the Case

Chamberlain, Hrdlicka, White, Johnson & Williams, Robert I. White, Houston, Tex., Stassi & Rausch, Jos. W. Rausch, New Orleans, La., for plaintiffs-appellants.

Michael L. Paup, Chief, Glenn L. Archer, Jr., Asst. Atty. Gen., James P. Springer, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before CLARK, Chief Judge, THORNBERRY and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

Kenneth Linn is an officer and the majority stockholder of International Marketing and Development Corporation. Linn, his corporation, and one of his attorneys, John Stassi, II, brought this action seeking an injunction ordering several Internal Revenue Service agents to return certain documents accidentally produced in response to an IRS summons and further seeking an injunction against the use of any information gathered from examination...

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