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SCHIFF v. SIMON & SCHUSTER, INC.

No. 1310, Docket 85-7112.

766 F.2d 61 (1985)

Irwin SCHIFF, Plaintiff-Appellant, v. SIMON & SCHUSTER, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 24, 1985.

Attorney(s) appearing for the Case

Irwin Schiff, pro se.

Minna Schrag, New York City (Ronald S. Rauchberg, Proskauer Rose Goetz & Mendelsohn, New York City, on the brief), for defendant-appellee.

Before FEINBERG, Chief Judge, and MESKILL and NEWMAN, Circuit Judges.

PER CURIAM:

Rule 38 of the Federal Rules of Appellate Procedure provides:

If a court of appeals shall determine that an appeal is frivolous, it may award just damages and single or double costs to the appellee.

On December 20, 1984, a panel of this Court adjudicated an appeal brought by Irwin Schiff from a decision of the Tax Court in favor of the Commissioner of Internal Revenue. Schiff v. CIR, 751 F.2d 116

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