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UNITED STATES v. McDONALD

No. 203, Docket 27804.

313 F.2d 832 (1963)

UNITED STATES of America, Appellee, v. Thomas G. McDONALD, Appellant.

United States Court of Appeals Second Circuit.

Decided February 25, 1963.

Attorney(s) appearing for the Case

Burton Berkley, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Joseph M. Howard, Attys., Dept. of Justice, and John T. Curtin, U. S. Atty., for the Western District of New York and Eugene P. O'Connor, Asst. U. S. Atty., on the brief), for appellee.

Herald P. Fahringer, Jr., of Lipsitz, Green, Fahringer & Fleming, Buffalo, N. Y., for appellant.

Before LUMBARD, Chief Judge, and SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Appellant, an attorney, was served with a subpoena pursuant to the Internal Revenue Code of 1954, § 76021 requiring him to produce "copies of closing statements and sales contracts relative to all real estate closings in which William G. Lytle was involved that were closed through you or your office during the years 1957 to 1960, inclusive." Appellant has subsequently agreed to produce, as also required...

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