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UNITED STATES v. AQUINAS COLLEGE, ETC.

No. 80-1288.

635 F.2d 887 (1980)

UNITED STATES of America and Robert L. Walker, Special Agent, Internal Revenue Service, Petitioners-Appellees v. AQUINAS COLLEGE CREDIT UNION, Respondent and Richard L. Schwallier, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

December 1, 1980.

Attorney(s) appearing for the Case

Richard Schwallier, pro se.

James S. Brady, U. S. Atty., Agnes Kempker-Cloyd, Asst. U. S. Atty., Grand Rapids, Mich., for U. S. A.

Philip Brennan, Washington, D. C., for Aquinas College Credit Union.

M. Carr Ferguson, Asst. Atty. Gen., Tax Division, Gilbert E. Andrews, Chief Appellate Section, Michael L. Paup, Charles E. Brookhart, Kristina E. Harrigan, Dept. of Justice, Washington, D. C., for petitioners-appellees.

Before BROWN, KENNEDY and MARTIN, Circuit Judges.

ORDER

Upon consideration of petitioners-appellees' motion to dismiss and the response submitted in relation thereto,

It is determined that this Court lacks jurisdiction to entertain this appeal because the party against whom the summons was issued under 26 U.S.C. § 7602 has fully complied with the summons which thus deprives this Court of jurisdiction as there is no case or controversy to address in this appeal. DeFunis v. Odegaard,

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