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UNITED STATES v. PRUDDEN

No. 28140.

424 F.2d 1021 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Horton R. PRUDDEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied June 26, 1970.

Attorney(s) appearing for the Case

Samuel S. Forman, Asst. U. S. Atty., Jacksonville, Fla., Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, John M. Brant, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., John L. Briggs, U. S. Atty., Middle District of Florida, for plaintiff-appellant.

C. Harris Dittmar, Chester Bedell, Charles P. Pillans, Jacksonville, Fla., for defendant-appellee; Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, Fla., of counsel.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied June 26, 1970.

CLARK, Circuit Judge:

Horton R. Prudden was indicted on seventeen counts of evading taxes due the United States. On taxpayer's motion made prior to trial, the court below in a blanket order suppressed all statements made and all corporate and personal documents furnished by Prudden to a special agent of the Internal Revenue Service, together with all evidence obtained through or as a result of such...

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