Legal Opinion

Joseph Falcone v. Internal Revenue Service

Court of Appeals for the Sixth Circuit

Decided August 8, 1983No. 82-1377PublishedCited by 69 opinions

1Opinion of the Court

CONTIE, Circuit Judge.

In Wolfel v. United States, 711 F.2d 66 (6th Cir.1983) we held that a pro se Freedom of Information Act (FOIA) plaintiff who is not an attorney is not entitled to attorney’s fees. Today we hold that the same rule applies to pro se FOIA plaintiffs who also happen to be attorneys.

The plaintiff, a tax attorney, obtained the release of certain Internal Revenue Service documents, Falcone v. Internal Revenue Service, 479 F.Supp. 985 (E.D.Mich.1979), and then petitioned for attorney’s fees pur suant to 5 U.S.C. § 552(a)(4)(E). The district court found that the plaintiff was a…

2Cases cited10 opinions

  1. Ellis v. CassidyCourt of Appeals for the Ninth Circuit · 1980
  2. Gilbert A. Cuneo v. Donald H. RumsfeldCourt of Appeals for the D.C. Circuit · 1977
  3. Eddie David Cox v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1979
  4. Phyllis A. Barrett v. Bureau of Customs and Department of the TreasuryCourt of Appeals for the Fifth Circuit · 1981
  5. Michael Alan Crooker v. U. S. Department of the TreasuryCourt of Appeals for the Second Circuit · 1980

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3Cited by69 opinions

  1. Kay v. EhrlerSupreme Court of the United States · 1991
  2. Burka v. United States Department of Health & Human ServicesCourt of Appeals for the D.C. Circuit · 1998
  3. Frisch v. CommissionerUnited States Tax Court · 1986
  4. Robert A. Aronson v. United States Department of Housing and Urban DevelopmentCourt of Appeals for the First Circuit · 1989
  5. Elizabeth D. Duncan v. David B. PoythressCourt of Appeals for the Eleventh Circuit · 1985

64 more not listed; retrieve them via the Exa API.

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