MISCAVIGE v. I.R.S.

No. 92-8659.

2 F.3d 366 (1993)

David MISCAVIGE, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 17, 1993.


Attorney(s) appearing for the Case

Kendrick L. Moxon, Bowles & Moxon, Hollywood, CA, for plaintiff-appellant.

Sharon D. Stokes, Asst. U.S. Atty., Atlanta, GA, Gary L. Allen, Chief, Murray S. Horwitz, Brian C. Griffin, Jonathan S. Cohen, Appellate Division, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before BLACK and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge.


RONEY, Senior Circuit Judge:

David Miscavige sued the Internal Revenue Service ("IRS") to enjoin them from withholding records concerning himself that he had sought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The IRS claimed that the documents were within various statutory exceptions to FOIA and submitted affidavits saying so. Miscavige argued that the affidavits were insufficient to establish the documents' exemption and that the IRS had to...

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