Church of Scientology of San Francisco Church of Scientology of California v. Internal Revenue Service, Church of Scientology of San Francisco v. Internal Revenue Service

991 F.2d 560 71 A.F.T.R.2d 93 -1536, 25 Fed.R.Serv.3d 777 CHURCH OF SCIENTOLOGY OF SAN FRANCISCO; Church of Scientology of California et al., Plaintiffs-Appellants, v. INTERNAL REVENUE SERVICE, Defendant-Appellee. CHURCH OF SCIENTOLOGY OF SAN FRANCISCO, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, Defendant-Appellee. Nos. 91-15730, 91-15734. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided April 16, 1993. Kendrick L. Moxon, Bowles & Moxon, Los Angeles, CA, for plaintiffs-appellants. Shirley D. Peterson, Asst. Atty. Gen., Washington, DC, for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. BEEZER, Circuit Judge: 1 We consider a plaintiff's right to conduct discovery prior to summary judgment in an action brought against the government under the Freedom of Information Act, 5 U.S.C. § 552 (1982) ("FOIA"). 2 In two consolidated appeals, member Churches of Scientology challenge the district court's grant of summary judgment in favor of the Internal Revenue Service ("IRS"). We must determine whether the district court…