IN RE UNITED STATES

No. 83-1149.

706 F.2d 494 (1983)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1983.

Rehearing and Rehearing Denied June 22, 1983.


Attorney(s) appearing for the Case

David A. Faber, U.S. Atty., Benjamin L. Bailey, Mary S. Feinberg, Asst. U.S. Attys., Charleston, W.Va., for petitioner.

David Wyant, Love, Wise, Robinson & Woodroe, Charleston, W.Va., for respondent.

Before RUSSELL and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied June 22, 1983.

HAYNSWORTH, Senior Circuit Judge:

The United States seeks a writ of mandamus or prohibition compelling the district court for the Southern District of West Virginia to docket its prosecution of an individual and a corporation for alleged tax fraud. The individual and the corporation had been jointly indicted with two other individuals in the Southern District of West Virginia, but the district court had...

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