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McWHINNEY v. CAIN

No. 13412.

289 F.2d 315 (1961)

Robert W. McWHINNEY, Plaintiff-Appellant v. Robert P. CAIN, Group Supervisor, Group 11, Internal Revenue Service, District of Pittsburgh, Pennsylvania, and the United States of America.

United States Court of Appeals Third Circuit.

Decided April 24, 1961.

Attorney(s) appearing for the Case

Robert W. McWhinney, Pittsburgh, Pa. (Goehring, McWhinney & Grubbs, Pittsburgh, Pa., on the brief), for appellant.

Meyer Rothwacks, Washington, D. C. (Hubert I. Teitelbaum, U. S. Atty., Daniel J. Snyder, Asst. U. S. Atty., Pittsburgh, Pa., Abbott M. Sellers, Acting Asst. Atty. Gen., Lee A. Jackson, John J. McGarvey, Attys., Department of Justice, Washington, D. C., on the brief), for appellees.

Before KALODNER, STALEY and FORMAN, Circuit Judges.

PER CURIAM.

This is an appeal from an Order of the United States District Court for the Western District of Pennsylvania denying, without prejudice, plaintiff's application for a preliminary injunction restraining the defendants, the United States and its agent, Cain, from taking any action to endorse Internal Revenue summonses calling for the production of certain data, served on plaintiff and others. Notice of appeal was filed on October 6, 1960 and the following...

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