NAT. TREASURY EMP. UNION v. I.R.S.

No. 84-5548.

765 F.2d 1174 (1985)

NATIONAL TREASURY EMPLOYEES UNION, et al., Appellants, v. INTERNAL REVENUE SERVICE.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1985.


Attorney(s) appearing for the Case

Martha Dell Finlator, Washington, D.C., with whom Lois G. Williams and Gregory O'Duden, Washington, D.C., were on brief, for appellants.

Murray S. Horwitz, Atty., Dept. of Justice, Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Richard W. Perkins, Attys., Dept. of Justice, Washington, D.C., were on brief, for appellee.

Before GINSBURG and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This is a case in which plaintiff-appellants have pursued successive actions in the district court raising the same legal issue. Under the rule of issue preclusion (collateral estoppel), we hold that the second attempt fails.

In the first action, Frank D. Ferris, Director of Negotiations for the National Treasury Employees Union (NTEU or Union), pursued a request under...

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