Duncan v. Belcher

HARRISON L. WINTER, Chief Judge:

Plaintiffs sued the Department of the Army, alleging that the Army violated their rights under the Right to Financial Privacy Act, 12 U.S.C. §§ 3401 et seq., by examining their American Express card records without their consent. At the close of plaintiffs’ evidence the district court, sitting without a jury, granted defendant's motion for an involuntary dismissal under Fed.R.Civ.P. 41(b). The district judge held that even though plaintiffs maintained the charge card in their names only and used it partly for personal expenses, they were not protected…