Donald R. Huene and Annette S. Huene v. United States of America and Internal Revenue Service

Donald and Annette Huene appeal a summary judgment granted to the Internal Revenue Service on a claim brought under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 . Because the district court judgment disposes of only one of two consolidated cases, it is not appealable under 28 U.S.C. § 1291 absent a Rule 54(b) certification.

On May 26, 1982, the Huenes filed an FOIA action against the IRS. They sought release of all information pertaining to them acquired by the IRS up to the date of their administrative request on April 16, 1982. While that action was pending before the district court, the Huenes filed a second FOIA action in which they sought release of information acquired by the IRS after April 16, 1982. The district court consolidated the two actions. It subsequently granted the IRS’s motion for summary judgment in the first action. In the second action, each of the parties was granted a partial summary judgment. Issues not resolved by that partial judgment are still under consideration by the district court. No certification under Fed.R.Civ.P. 54(b) was obtained.

This court has not determined whether an order that disposes of only one of two or more consolidated…