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HUDSON VALLEY BLACK PRESS v. I.R.S.

Docket No. 04-1949-CV.

409 F.3d 106 (2005)

HUDSON VALLEY BLACK PRESS, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, William Strugatz & Celestine Richardson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 27, 2005.

Attorney(s) appearing for the Case

Stephen Bergstein, Thornton, Bergstein & Ullrich, Chester, New York, for plaintiff-appellant.

Michael R. Holden, Assistant United States Attorney for the Southern District of New York (Edward Scarvalone, Assistant United States Attorney, on the brief), for David N. Kelley, United States Attorney for the Southern District of New York, for defendants-appellees.

Before: CABRANES and KEARSE, Circuit Judges, and KORMAN, District Judge.

KORMAN, Chief Judge.

This appeal from a judgment entered in the United States District Court for the Southern District of New York (William C. Conner, Judge) squarely presents the issue whether taxpayers may seek to recover damages against employees of the Internal Revenue Service ("IRS") for undertaking an audit in retaliation for the exercise by a taxpayer of rights protected by the First Amendment. Specifically, in its complaint, the dismissal of which is...

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