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D. I. OPERATING COMPANY v. UNITED STATES

No. 17859.

321 F.2d 586 (1963)

D. I. OPERATING COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 22, 1963.

Attorney(s) appearing for the Case

Morse & Graves, and J. A. Donnelley, Las Vegas, Nev., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph M. Howard, Burton Berkley, Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C.; and John W. Bonner, U. S. Atty., Las Vegas, Nev., for appellee.

Before MAGRUDER, JERTBERG and BROWNING, Circuit Judges.

JERTBERG, Circuit Judge.

Before us is an appeal from an order of the District Court denying the appellant's motion to quash an Internal Revenue summons, and granting the government's petition directing compliance therewith.

An Internal Revenue summons directed to Allard Roen, secretary of the D. I. Operating Company, hereinafter referred to as appellant, was served upon Mr. Roen on September 28, 1961. The summons was entitled "In the Matter of the tax liability...

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