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GRANDBOUCHE v. CLANCY

No. 84-2094.

825 F.2d 1463 (1987)

John E. GRANDBOUCHE, Plaintiff-Appellant, National Commodity and Barter Association, Plaintiff, v. Thomas J. CLANCY, Director, Criminal Investigation, Washington, D.C., Philip Wilens, Director, Office of Enforcement Operations, Department of Justice, Larry Lovell, Kenneth Batson, Larry Hyatt, Chief of Internal Revenue Service, Criminal Investigation Div., Dennis Graham, individually and as agent for The First National Bank of Englewood, The First National Bank of Englewood, and Does P through Z, unknown named agents of the Government of USA, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 13, 1987.

Attorney(s) appearing for the Case

William A. Cohan, Cohan & Stahl, P.C., Denver, Colo., for plaintiff-appellant.

Alan Epstein (Michael W. Jones, with him on the brief), Hall & Evans, Denver, Colo., for defendants-appellees First Nat. Bank of Englewood and Dennis Graham.

Elaine F. Ferris, Tax Div., Dept. of Justice (Michael L. Paup, Jonathon S. Cohen, Tax Div., Dept. of Justice, with her on the brief and Glenn L. Archer, Jr., Asst. Atty. Gen., and Robert N. Miller, U.S. Atty. of counsel, with her on the brief), Washington, D.C., for Federal defendants-appellees.

Before BARRETT, SEYMOUR and BALDOCK, Circuit Judges.

SEYMOUR, Circuit Judge.

This appeal arises from an action for damages brought by John E. Grandbouche against various defendants, including numerous agents of the United States Internal Revenue Service (IRS). The district court dismissed the suit after Grandbouche failed to comply with its discovery order. We agree with Grandbouche's contention on appeal that the trial court erred in failing to apply a balancing test to his assertion of a First Amendment privilege...

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