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UNITED STATES v. MILLER

No. 80-5912.

675 F.2d 711 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph T. MILLER & Joan Miller, Defendants, In re Subpoena Duces Tecum of James M. RUSS, Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

May 13, 1982.

Attorney(s) appearing for the Case

James M. Russ, pro se.

Don E. Christopher, Asst. U. S. Atty., Orlando, Fla., M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Section, R. Russell Mather, Tax Division, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before HILL, FAY and ANDERSON, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

R. LANIER ANDERSON, III, Circuit Judge:

The court having been polled at the request of one of the members of the Court and a majority of the circuit judges who are in regular active federal service not having voted in favor of it (Rule 31, Fed.R.App.P.; Local Fifth Circuit Rule 16), the Petition for Rehearing En Banc is DENIED.

Treating appellant's petition for rehearing en banc as a petition...

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