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SPA FLYING SERVICE, INC. v. UNITED STATES

No. 83-2106.

724 F.2d 95 (1984)

SPA FLYING SERVICE, INC. and Jess P. Kimball, Appellants, v. UNITED STATES of America, J. Lynn Helms, Administrator, Federal Aviation Administration, Joseph A. Kovarik, Regional Counsel, Federal Aviation Administration, John E. Hemmert, Jr., Chief, Little Rock GADO — Federal Aviation Administration, James W. Butler, Inspector, Federal Aviation Administration, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1984.

Attorney(s) appearing for the Case

Paul R. Bosson, Hot Springs, Ark., for appellants.

W. Asa Hutchinson, U.S. Atty., Larry R. McCord, Asst. U.S. Atty., Fort Smith, Ark., for appellees.

Before HENLEY, Senior Circuit Judge, and John R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

Spa Flying Service, Inc. ("Spa") appeals from dismissal with prejudice of its complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The Federal Aviation Administration had subpoenaed Spa's financial records from its bank. Suing under the Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq., Spa claimed protection from such governmental intrusion. The district court found, however, that the Act does not protect corporations...

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