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FISHER v. UNITED STATES

No. 74-18.

425 U.S. 391 (1976)

96 S.Ct. 1569

48 L.Ed.2d 39

FISHER ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided April 21, 1976.

Attorney(s) appearing for the Case

Richard L. Bazelon argued the cause for petitioners in No. 74-18. With him on the brief was Solomon Fisher. Deputy Solicitor General Wallace argued the cause for petitioners in No. 74-611 and respondents in No. 74-18. With him on the briefs were Solicitor General Bork, Assistant Attorney General Crampton, Stuart A. Smith, and Robert E. Lindsay. Robert E. Goodfriend argued the cause for respondents in No. 74-611. With him on the brief were Edward A. Copley and Cyril D. Kasmir.†

MR. JUSTICE WHITE delivered the opinion of the Court.

In these two cases we are called upon to decide whether a summons directing an attorney to produce documents delivered to him by his client in connection with the attorney-client relationship is enforceable over claims that the documents were constitutionally immune from summons in the hands of the client and retained that immunity in the hands of the attorney.

I

In each case, an Internal Revenue...

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