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UNITED STATES v. MERCURIO

No. 27341.

418 F.2d 1213 (1969)

UNITED STATES of America and John P. Grady, Petitioners-Appellees, v. Joseph J. MERCURIO and Acme Circus Operating Company, Inc., Respondents, v. Kevin L. DONALDSON, f/k/a Merton H. Sweet, Intervenor-Appellant.

United States Court of Appeals Fifth Circuit.

October 30, 1969.

Attorney(s) appearing for the Case

Robert E. Meldman, Louis L. Meldman, Milwaukee, Wis., Edward H. Heller, Tampa, Fla., for intervenor-appellant.

Edward F. Boardman, U. S. Atty., Tampa, Fla., Johnnie M. Walters, Asst. Atty. Gen., Tax Division, Lee A. Jackson, John P. Burke, Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., for petitioners-appellees.

Before TUTTLE, WISDOM and BELL, Circuit Judges.

TUTTLE, Circuit Judge:

We have here for consideration against phase of the problem arising when a United States District Court is asked by an Internal Revenue special agent to enforce a subpoena requiring the production of records affecting a taxpayer.

The enforcement procedures were commenced under the authorization of Title 26, U.S.C.A. §§ 7602 and 7604.1

The issue...

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