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UNITED STATES v. GIORDANO

No. 19862.

419 F.2d 564 (1969)

UNITED STATES of America and Harold F. McGuire, Special Agent, Internal Revenue Service, Appellees, v. William A. GIORDANO, as President of Banana Distributing Company of St. Louis, Incorporated, Appellant.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 5, 1970.

Rehearing Denied January 7, 1970.

Attorney(s) appearing for the Case

Irl B. Baris, Newmark & Baris, St. Louis, Mo., for appellant, Leonard J. Frankel, St. Louis, Mo., with him on the brief.

John P. Burke, Atty., Dept. of Justice, Washington, D. C., for appellees, Johnnie M. Walters, Asst. Atty. Gen., and Lee A. Jackson and Joseph M. Howard, Attys., Dept. of Justice, Washington, D. C., and Daniel Bartlett, Jr., U. S. Atty., and Daniel R. O'Neill, Asst. U. S. Atty., St. Louis, Mo., with him on the brief.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

Rehearing Denied En Banc January 7, 1970.

MEHAFFY, Circuit Judge.

William A. Giordano as President of Banana Distributing Company of St. Louis, Incorporated, sometimes hereafter referred to as taxpayer, appeals from an order of the United States District Court for the Eastern District of Missouri, Eastern Division, directing taxpayer to comply with a summons issued by the Internal Revenue Service pursuant to § 7602 of the Internal Revenue Code of 1954...

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