UNITED STATES v. JOHNSON

No. 71-3499.

465 F.2d 793 (1972)

UNITED STATES of America and Conley E. Lemons, Special Agent, Internal Revenue Service, Petitioners-Appellants, v. Al JOHNSON, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 8, 1972.


Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., John M. Dowd, Trial Atty., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, John P. Burke, John M. Dowd, Joseph H. Reiter, Attys., Tax. Div., Dept. of Justice, Washington, D. C., for petitioners-appellants.

E. David Rosen, Richard M. Gale, Miami, Fla., for respondent-appellee.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

In this appeal the Internal Revenue Service seeks review of an order by the District Court for the Southern District of Florida which modifies an order to enforce two Internal Revenue summonses.

I.

The first summons in question, dated May 5, 1971, directed the respondent-appellee Al Johnson, an attorney, to appear before Special Agent Conley Lemons of the Internal Revenue Service on May 17, 1971, and to produce:

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