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SCRIMGEOUR v. INTERNAL REVENUE

No. 97-1856.

149 F.3d 318 (1998)

Robert B. SCRIMGEOUR, Plaintiff-Appellant, and Bayview Farm; Duck Creek Partners, L.P.; King Road Associates; The Scrimgeour Trust under Agreement dated January 3, 1939; The Scrimgeour Trust under Court Order dated March 21, 1989, Plaintiffs, v. INTERNAL REVENUE; United States of America, Defendants-Appellees, Harry M. Walsh, Jr., Movant.

United States Court of Appeals, Fourth Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

ARGUED: John Francis Wester, Jr., Sidley & Austin, Washington, DC, for Appellant. Michelle Bachand O'Connor, Tax Division, United States Department of Justice, Washington, DC, for Appellees. ON BRIEF: Edward R. McNicholas, Sidley & Austin, Washington, DC, for Appellant. Loretta C. Argrett, Assistant Attorney General, Jonathan S. Cohen, Thomas J. Clark, Lynne A. Battaglia, United States Attorney, Tax Division, United States Department of Justice, Washington, DC, for Appellees.

Before WILLIAMS, Circuit Judge, PHILLIPS, Senior Circuit Judge, and OSTEEN, United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Senior Judge PHILLIPS and Judge OSTEEN joined.

OPINION

WILLIAMS, Circuit Judge:

After the Internal Revenue Service's (IRS) Atlanta Service Center improperly released his tax returns to a third-party, Robert Scrimgeour1 brought suit in the district court alleging wrongful disclosure of tax returns in violation of I.R.C. § 7431 (West Supp.1998...

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