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BRITTINGHAM v. UNITED STATES COMMISSIONER OF INT. REV.

No. 71-1281.

451 F.2d 315 (1971)

Roberta M. BRITTINGHAM, Plaintiff-Appellant, v. UNITED STATES COMMISSIONER OF INTERNAL REVENUE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 4, 1971.

Attorney(s) appearing for the Case

Edward H. Forgotson, Ethan B. Stroud, Stroud & Smith, Dallas, Tex., for plaintiff-appellant.

Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, John P. Burke, Joseph H. Reiter, Attys., Dept. of Justice, Tax Div., Washington, D. C., for defendants-appellees; Eldon B. Mahon, U. S. Atty., Kenneth J. Mighell, Asst. U. S. Atty., of counsel.

Before AINSWORTH, INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This appeal is from an order of the district court dismissing plaintiff's application for a "Writ of Mandatory Relief" sought pursuant to 28 U.S.C. § 1651. In her application plaintiff asserted that the Commissioner of Internal Revenue had in his possession certain documents which were obtained in violation of plaintiff's attorney-client privilege. She asked the district court to (1) prevent the Commissioner from introducing the documents...

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