United States DC Circuit

In a FOIA action seeking documents relating to the IRS's investigation of Plaintiff's businesses, summary judgment for the IRS is affirmed where the IRS did not waive its right to claim a FOIA exemption by failing to do so in a prior action.

Appellate Information

• Argued 12/04/2008
• Decided 03/06/2009
• Published 03/06/2009

Judges

• Before HENDERSON, ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert E. Heggestad argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Jonathan S. Cohen, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Nathan J. Hochman, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Bethany B. Hauser, Attorney.  John A. Dudeck Jr., Attorney, entered an appearance.