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BALISTRIERI v. UNITED STATES

No. 13597.

303 F.2d 617 (1962)

Peter BALISTRIERI et al., Plaintiffs-Appellants, v. UNITED STATES of America, Robert Kennedy, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

May 16, 1962.

Attorney(s) appearing for the Case

Solomon Gad, Eugene J. Koenen, Milwaukee, Wis., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., John M. Brant, Attorney, Tax Division, U. S. Department of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Milwaukee, Wis., for appellees.

Lee A. Jackson, Joseph M. Howard, Attorneys, Department of Justice, Washington, D. C.

Before DUFFY, KILEY and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

This is an appeal from an order of the District Court dismissing an amended complaint in a declaratory judgment suit.

The original complaint for a declaratory judgment was filed June 12, 1961. The sole plaintiff, Peter Balistrieri, alleged that the United States Internal Revenue Service had caused to be served on one Marvin Topper, a certified public accountant, a summons requiring him to deliver certain books, records and papers in his...

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