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HULL v. I.R.S., U.S. DEPT. OF TREASURY

No. 10-1410.

656 F.3d 1174 (2011)

Mary M. HULL and Nelson B. Phelps, individually and on behalf of the Association of US West Retirees, Plaintiffs-Appellants, v. INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF the TREASURY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 31, 2011.

Attorney(s) appearing for the Case

Curtis L. Kennedy , Denver, CO, for Plaintiffs-Appellants.

Gretchen M. Wolfinger ( John A. DiCicco , Acting Assistant Attorney General, and Jonathan S. Cohen , Attorney, United States Department of Justice, Tax Division, with her on the brief), Attorney, United States Department of Justice, Tax Division, Washington, D.C., for Defendant-Appellee.

Before KELLY, BALDOCK, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiffs Mary Hull, Nelson Phelps, and the Association of US West Retirees appeal a district court's order rejecting their Freedom of Information Act (FOIA) claim against Defendant Internal Revenue Service (IRS). This appeal focuses primarily on one question: Does Plaintiffs' FOIA request on its face seek only a third party's return information to which they are not entitled without the authorization of that third party? We conclude yes,...

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