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UNITED STATES v. McKAY

No. 23488.

372 F.2d 174 (1967)

UNITED STATES of America, Appellant, v. John G. McKAY, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

February 3, 1967.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harry Marselli, Meyer Rothwacks, John P. Burke, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Michael J. Osman, Asst. U. S. Atty., Miami, Fla., for appellant.

Joseph F. Jennings, Miami, Fla., for appellee.

Before MARIS, BROWN and THORNBERRY, Circuit Judges.

MARIS, Circuit Judge:

This is an appeal from an order of the district court denying, upon the hearing of an order to show cause, a petition by the United States to secure enforcement under section 7604(a) of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7604(a), of a summons issued by the Commissioner of Internal Revenue under section 7602 of the Code, 26 U.S.C.A. § 7602. The summons directed John G. McKay, Jr., to appear at the office of the Internal...

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