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NEECE v. I.R.S. OF U.S.

No. 89-5125.

922 F.2d 573 (1990)

Peggy J. NEECE; Buel H. Neece, Plaintiffs-Appellants, v. INTERNAL REVENUE SERVICE of the UNITED STATES of America; United States of America; First National Bank of Turley, N.A., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 19, 1990.

Attorney(s) appearing for the Case

James R. Eagleton, E. John Eagleton, Thomas G. Potts, Charles D. Harrison of Houston & Klein, Inc., Tulsa, Okl., for plaintiffs-appellants.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Tony M. Graham, U.S. Atty., Philip E. Pinnell, Asst. U.S. Atty., Tulsa, Okl., Rodney R. Parker, Lisa S. Farringer, Attys., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees I.R.S. and U.S.

Joseph R. Farris, Jody R. Nathan of Feldman, Hall, Franden, Woodard & Farris, Jerry Reed, Atty., Tulsa, Okl., for defendant-appellee First Nat. Bank of Turley, N.A.

Before McKAY, McWILLIAMS and EBEL, Circuit Judges.

EBEL, Circuit Judge.

The issue presented by this appeal is whether a bank can voluntarily turn over documents to the Internal Revenue Service (IRS) absent notification to the bank customer involved without violating the Right to Financial Privacy Act (RFPA), 12 U.S.C. §§ 3401-3422. The RFPA generally prohibits financial institutions from producing bank records for the IRS except under closely regulated procedures providing for notice to the bank customer...

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