LANDY v. UNITED STATES

No. 18504.

283 F.2d 303 (1960)

M. Marshall LANDY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 6, 1960.


Attorney(s) appearing for the Case

Arthur B. Cunningham, Philip T. Weinstein, Miami, Fla., for appellant.

Robert W. Rust, Asst. U. S. Atty., Miami, Fla., for appellee.

Before RIVES, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.


PER CURIAM.

The judgment of the trial court requiring the appellant to respond to the administrative subpoena of the Internal Revenue Service is affirmed.

Appellant's motion to quash was based on the theory that appellant's constitutional privilege against testifying against himself would be violated if he was required to respond to the subpoena. This, appellant contends, is to be deduced from the holding of the Court of Appeals for the Fourth Circuit in Beard...

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