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BERNSTEIN v. U.S.

Nos. 2:97-745-18, 2:97-746-18.

990 F.Supp. 428 (1997)

Lynn F. BERNSTEIN, Harvey A. Nathan, Plaintiffs, v. UNITED STATES of America, acting by and through its agency, the Internal Revenue Service, Kevin Cox, Robert Freeland, and James Ruark, Defendants.

United States District Court, D. South Carolina, Charleston Division.

November 10, 1997.

Attorney(s) appearing for the Case

Charles S. Bernstein, Charleston, SC, for Plaintiffs.

Steven Webster, Washington, DC, for Defendants.

OPINION AND ORDER

NORTON, District Judge.*

Plaintiffs Harvey Nathan and Lynn Bernstein filed separate actions against the United States and special agents for the Internal Revenue Service based on the conduct of the agents during the search of a business and residence. The defendants moved to dismiss the actions under Rule 12(b)(1) for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a claim under...

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