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FRANK v. TOMLINSON

No. 22211.

351 F.2d 384 (1965)

Robert R. FRANK, Appellant, v. Laurie W. TOMLINSON, District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

October 8, 1965.

Attorney(s) appearing for the Case

Philip T. Weinstein, Arthur Cunningham, Cunningham & Weinstein, Miami, Fla., for appellant.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Miami, Fla., Joseph M. Howard, John M. Brant, Attys, Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and CARSWELL, District Judge.

PER CURIAM:

This is an appeal by a taxpayer-lawyer from an order by the district court, entered at the instance of the District Director of Internal Revenue requiring appellant to produce "all books, records and documents sought * * * excluding, however, copies of any privileged communications from the Respondent's clients to the Respondent, or from the Respondent to his clients." The order further provided that:

"No attorney-client privilege attaches to...

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