Robert Jay Rowen v. Nora Elliott United States of America

52 F.3d 334 75 A.F.T.R.2d 95 -2100 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Jay ROWEN, Plaintiff-Appellant, v. Nora ELLIOTT; United States of America, Defendants-Appellees. No. 94-35128. United States Court of Appeals, Ninth Circuit. Submitted April 14, 1995. * Decided April 18, 1995. AND REMANDED. Before: WRIGHT, POOLE and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Rowen sued Elliott and several IRS employees, alleging assorted torts after Elliott complied with IRS summons seeking documents related to tax preparation. After allowing the United States to substitute itself as a defendant, the court granted defendants' motions for summary judgment. Rowen appeals. We affirm and remand for determination of appropriate sanctions. 1. RESPONDEAT SUPERIOR 3 The court properly substituted the United States as a party because its employees were sued for acts occurring in the course of employment. 28 U.S.C. Sec. 2679 (d)(1) and (2). Whether they were in the course of…