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KURSHAN v. RILEY

No. 73-1566.

484 F.2d 952 (1973)

Herbert KURSHAN et al., Appellants, v. Harold G. RILEY, Special Agent, Internal Revenue Service, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1973.

Attorney(s) appearing for the Case

John G. Rocovich, Jr., and Gerald A. Dechow, Roanoke, Va. (Martin, Hopkins & Lemon, Roanoke, Va., counsel for appellant), on brief for appellants.

Leigh B. Hanes, Jr., U. S. Atty., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, John P. Burke, and Charles E. Brookhart, Attys., Tax Div., Dept. of Justice, on brief for appellee.

Before RUSSELL, FIELD, and WIDENER, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the district court denying appellants' motion to enjoin appellee, a Special Agent of the Internal Revenue Service, from taking the testimony of Charles D. Fox III pursuant to a summons issued in a tax investigation. No stay of the order pending appeal was granted below, and none was sought in this Court. During the pendency of this appeal appellee received the testimony of Fox.

Since the testimony of Fox has already...

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