HUENE v. UNITED STATES

No. 83-2183.

743 F.2d 703 (1984)

Donald R. HUENE and Annette S. Huene, Plaintiffs-Appellants, v. UNITED STATES of America and Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1984.


Attorney(s) appearing for the Case

Donald R. Huene, Annette Huene, pro se.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, Richard W. Perkins, Murray Horwitz, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before WRIGHT, HUG, and NELSON, Circuit Judges.


HUG, Circuit Judge:

Donald and Annette Huene appeal a summary judgment granted to the Internal Revenue Service on a claim brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. Because the district court judgment disposes of only one of two consolidated cases, it is not appealable under 28 U.S.C. § 1291 absent a Rule 54(b) certification.

On May 26, 1982, the Huenes filed an FOIA action against the IRS. They sought release of all information...

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