UNITED STATES v. FOLEY

No. 26603.

283 F.2d 582 (1960)

UNITED STATES of America, Petitioner, v. Honorable James T. FOLEY, United States District Judge, Respondent.

United States Court of Appeals Second Circuit.

Decided November 7, 1960.


Attorney(s) appearing for the Case

Theodore F. Bowes, U. S. Atty., for the Northern Dist. of New York, and Kenneth P. Ray, Asst. U. S. Atty., Syracuse, N. Y., for petitioner.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.


FRIENDLY, Circuit Judge.

Study of the Government's petition for mandamus and its supporting brief convinces us that the petition must be denied. In the interest of expedition, which the Government suggests may be peculiarly important because of the possible running of the statute of limitations against criminal prosecution of the taxpayers in early December, we deny the petition without awaiting taxpayers' brief or oral argument.

This petition relates to the...

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