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MASON v. PULLIAM

No. 75-4300.

557 F.2d 426 (1977)

Harve D. MASON and Pat J. Mason, Petitioners-Appellees, v. Ralph J. PULLIAM (Special Agent/Intelligence Division, IRS) and Jim Kelly (Supervisor/Intelligence Division, IRS), Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.

Attorney(s) appearing for the Case

John W. Stokes, U. S. Atty., William D. Mallard, Jr., Asst. U. S. Atty., Atlanta, Ga., Scott P. Crampton, Asst. Atty. Gen., Robert E. Lindsay, Michael J. Roach, Attys. Tax Div., Gilbert E. Andrews, Act. Chief, App. Sec., U. S. Dept. of Justice, Washington, D. C., for respondents-appellants.

Stanley F. Birch, Jr., Greer, Sartain, & Carey, Gainesville, Ga., for petitioners-appellees.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.

CLARK, Circuit Judge:

On December 4, 1974, Internal Revenue Service Special Agent Ralph Pulliam requested that Harve D. Mason allow Pulliam to remove and examine certain of Mason's business records. Mason granted the request and Pulliam took the records into his possession that day. On December 11, 1974, Mason's attorney demanded the immediate return of all materials submitted to the agent the week before. Special Agent Pulliam...

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