UNITED STATES v. MONSEY

No. 18208.

429 F.2d 1348 (1970)

UNITED STATES of America and Paul T. Boyll, Special Agent, Internal Revenue Service, Petitioners-Appellants, v. Richard E. MONSEY, Individually and as President of Industrial Dispensing Service, Inc., Respondent-Appellee. UNITED STATES of America and Paul T. Boyll, Special Agent, Internal Revenue Service, Petitioners-Appellants, v. Robert J. EHA, Respondent-Appellee, and Richard E. Monsey and Gloria Lee Monsey, Intervenors-Appellees.

United States Court of Appeals, Seventh Circuit.

August 27, 1970.


Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., John M. Brant, Lee A. Jackson, Joseph M. Howard, Attys., Tax Division, Dept. of Justice, Washington, D. C., Stanley B. Miller, U. S. Atty., Indianapolis, Ind., for appellants; K. Edwin Applegate, U. S. Atty., of counsel.

James M. Secrest, Raymond W. Hilgedag, G. Weldon Johnson, Thomas P. Ewbank, Indianapolis, Ind., for appellees; Hilgedag, Johnson, Secrest & Murphy, Indianapolis, Ind., of counsel.

Before MURRAH, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.


CUMMINGS, Circuit Judge.

This appeal involves the validity of a discovery order issued by the district court to enable the respondents to attack the validity of three summonses served on them by a special agent of the Internal Revenue Service pursuant to Section 7602 of the Internal Revenue Code of 1954 (26 U.S.C. § 7602).

In March 1969, the Government filed a petition to enforce two summonses served on respondent Monsey, requiring him to give testimony...

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