UNITED STATES v. SALTER

Misc. No. 363.

421 F.2d 1393 (1970)

UNITED STATES of America and Robert Gray, Special Agent, Internal Revenue Service, Petitioners, v. Lester H. SALTER, Respondent, and Local 57, International Union of Operating Engineers, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 24, 1970.


Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., and Lee A. Jackson, Atty., Dept. of Justice, on petition for permission to appeal.

James R. McGowan, Providence, R. I., on motion to vacate order granting permission to appeal.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

Respondent moves for reconsideration of our ex parte order allowing an interlocutory appeal, pursuant to the provisions of 28 U.S.C. § 1292(b), from a discovery order of the district court in an Internal Revenue subpoena matter. His principal contention is that there is not a "controlling question of law," as statutorily required. We have assumed, without deciding, in similar circumstances that there would be such a question. Goldfine v...

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