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McGARRY v. RILEY

No. 6685.

363 F.2d 421 (1966)

Bernard G. McGARRY et al., Respondents, Appellants, v. William E. RILEY, Special Agent, Intelligence Division, Internal Revenue Service, Petitioner, Appellee.

United States Court of Appeals First Circuit.

Decided July 11, 1966.

Attorney(s) appearing for the Case

Lawrence F. O'Donnell, Boston, Mass., with whom Mitchell G. Hadge and John B. Greene, Boston, Mass., were on brief, for appellants.

Edward F. Harrington, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

OPINION OF THE COURT.

COFFIN, Circuit Judge.

This appeal raises the question whether attorneys, claiming that a court order enforcing summonses for the production of client's records issued pursuant to 26 U.S.C. § 7602 is ambiguous and serves a non-statutory purpose, can properly resort to self help and remove such records before completion of the examination. We hold they cannot.

The prior judicial...

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