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IN RE SELLS

No. 80-5829.

719 F.2d 985 (1983)

In re Grand Jury Investigation, Peter A. SELLS, et al. SELLS, INC., a California corporation, commonly known as Sells Engineering Company, Inc., Peter A. Sells, Fred R. Witte, Center Glass Co. No. 3, and B & W Investments, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 16, 1982.

Resubmitted September 21, 1983.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Arlington Ray Robbins, Shenas, Robbins, Shenas & Shaw, San Diego, Cal., for appellants.

Robert E. Lindsay, William A. Whitledge, Washington, D.C., for appellee.

Before WRIGHT, SNEED and ALARCON, Circuit Judges.

SNEED, Circuit Judge:

This appeal is from an order of the district court granting the Internal Revenue Service (IRS) access to specified grand jury materials pursuant to Rule 6(e)(3)(C)(i) of the Federal Rules of Criminal Procedure. The IRS sought the documents to facilitate a determination of appellants' civil tax liability for the years 1972 and 1973. We heard oral argument on March 3, 1982, but ordered submission withdrawn pending decision by the Supreme Court...

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