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ABRAHAM & ROSE, P.L.C. v. U.S.

No. 96-2531.

138 F.3d 1075 (1998)

ABRAHAM & ROSE, P.L.C., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 13, 1998.

Attorney(s) appearing for the Case

Jerry R. Abraham (argued), Maurice A. Rose (argued and briefed), Abraham & Rose, Farmington Hills, MI, for Plaintiff-Appellant.

Murray S. Horwitz (argued and briefed), Jonathan S. Cohen (briefed), Charles H. Keen, U.S. Department of Justice, Appellate Section, Tax Division, Washington, DC, for Defendant-Appellee.

Before: BOGGS and MOORE, Circuit Judges; DOWD, District Judge.

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant, Abraham & Rose, P.L.C., appeals the district court's order granting summary judgment to defendant-appellee, the United States of America, acting through the Internal Revenue Service (the "IRS"), in this action brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. For the reasons that follow, we reverse and remand.

I. BACKGROUND

In January 1996, pursuant to FOIA...

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