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APPLICATION OF COLTON

Docket 26939.

291 F.2d 487 (1961)

Application of Edward E. COLTON and Lillian Kaltman, Appellants, To Quash a Summons to Appear to Testify and to Produce Books, etc., relating to the Tax Liability of Herbert Matter and Mercedes Matter. Internal Revenue Service of the United States Treasury Department, Appellee.

United States Court of Appeals Second Circuit.

Decided June 21, 1961.

Attorney(s) appearing for the Case

Corcoran, Kostelanetz, Gladstone & Lowell, New York City, for appellants, Boris Kostelanetz and Jules Ritholz, New York City, George G. Gallantz, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for appellee, Morton L. Ginsberg, Asst. U. S. Atty., New York City, of counsel.

Before LUMBARD, Chief Judge, and GOODRICH and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Edward E. Colton and Lillian Kaltman, members of the bar of the State of New York, obtained an order, in the District Court for the Southern District of New York, requiring the Internal Revenue Service to show cause why two summons dated July 29, 1960, requiring them to appear before a special agent to give testimony and produce "Retained copies of income tax returns, workpapers, correspondence file, memoranda and all other data relating to...

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