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DUNCAN v. BELCHER

No. 86-2033.

813 F.2d 1335 (1987)

Dale E. DUNCAN and Laura A. Duncan, Appellants, v. Thomas M. BELCHER, William Thomas Golden, Gary L. Peisen, United States Department of the Army, Appellees. and American Express Travel Related Service Company, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1987.

Rehearing and Rehearing Denied June 9, 1987.

Attorney(s) appearing for the Case

David J. Fudala (Hall, Surovell, Jackson & Colten, P.C., Fairfax, Va., on brief) for appellants.

Robert C. Erickson, Jr., Civil Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., Freddi Lipstein, Larry L. Gregg, Civil Div., Dept. of Justice, Washington, D.C., on brief), for appellees.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

Rehearing and Rehearing En Banc Denied June 9, 1987.

HARRISON L. WINTER, Chief Judge:

Plaintiffs sued the Department of the Army, alleging that the Army violated their rights under the Right to Financial Privacy Act, 12 U.S.C. §§ 3401 et seq., by examining their American Express card records without their consent. At the close of plaintiffs' evidence the district court, sitting without a jury, granted defendant's motion for an involuntary...

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