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UNITED STATES v. HOLMES

No. 79-3023 Summary Calendar.

614 F.2d 985 (1980)

UNITED STATES of America and John DeZelar, Plaintiffs-Appellees, v. David L. HOLMES, as Bishop and Director of the Miletus Church, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 1980.

Attorney(s) appearing for the Case

Lee Boothby, Berrien Springs, Mich., for defendant-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate Section, Charles E. Brookhart, Richard N. Bush, Tax Div., Dept. of Justice, Washington, D. C., for plaintiffs-appellees.

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.

PER CURIAM:

David Holmes, as bishop and director of the Miletus Church ("Church"), appeals from an order of the district court, entered pursuant to 26 U.S.C. § 7604(a) (1976).1 The order commanded him to appear before an Internal Revenue Service ("IRS") agent and to produce all books and records requested in a previous IRS summons issued under authority of 26 U.S.C. § 7602 (1976).2 Holmes discharges...

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