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FISCHER v. I.R.S.

No. 84-CV-1670.

621 F.Supp. 835 (1985)

Frank R. FISCHER, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States District Court, N.D. New York.

September 26, 1985.

Attorney(s) appearing for the Case

Frank R. Fischer, Olean, N.Y., pro se.

Frederick J. Scullin, Jr., U.S. Atty., Craig A. Benedict, Paula Ryan Conan, Asst. U.S. Attys., N.D.N.Y., Syracuse, N.Y., Robert L. Gordon, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

Plaintiff commenced this action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1982), to compel the production of documents requested from the IRS. Plaintiff exhausted his administrative remedies after appealing the denial of a portion of his request to the IRS on October 9, 1984. Jurisdiction is properly invoked under 5 U.S.C. § 552(a)(4)(B). Upon cross-motions for summary judgment...

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