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UNITED STATES v. SOLOMON

No. 30542 Summary Calendar.

437 F.2d 110 (1971)

UNITED STATES of America, and P. D. Aiken, Special Agent of the Internal Revenue Service, Petitioners-Appellants, v. Norman SOLOMON, as President of Acceptance, Inc. of Miami and Acceptance, Inc. of Miami, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 1971.

Attorney(s) appearing for the Case

Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., Robert W. Rust, U. S. Atty., Clemens Haggland, Asst. U. S. Atty., Miami, Fla., for petitioners-appellants.

Charles L. Ruffner, Miami, Fla., for respondents-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal by the United States from an order of the district court refusing to enforce an Internal Revenue Service summons pursuant to Section 7601 et seq.,1 of the Internal Revenue Code of 1954. After hearing evidence in this independent action seeking to enforce the summons, the district court refused enforcement in that the summons was "ambiguous and thereby deficient"....

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