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LINN v. CHIVATERO

No. 85-3563.

790 F.2d 1270 (1986)

Kenneth H. LINN, et al., Plaintiffs-Appellants, v. Jack CHIVATERO, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 6, 1986.

Attorney(s) appearing for the Case

Robert I. White, Houston, Tex., for plaintiffs-appellants.

Gayle P. Miller, Glenn L. Archer, Jr., Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Washington, D.C., Robert E. Lindsay, Roger M. Olsen, Acting Asst. Atty. Gen., Washington, D.C., for defendants-appellees.

Before CLARK, Chief Judge, JOLLY and HILL, Circuit Judges.

PER CURIAM:

John Stassi appeals the district court's denial of his request for attorney's fees and costs. We reverse.

I.

In January, 1982, Internal Revenue Service Agent Wigginton issued an IRS summons to taxpayer Linn requiring production of certain corporate records. Linn's counsel, John Stassi, sent a messenger to deliver the documents. By mistake, both corporate and personal records were delivered. Stassi immediately informed Wigginton that only...

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