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UNITED STATES v. ERNST & WHINNEY

No. 83-8009.

735 F.2d 1296 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. ERNST & WHINNEY, a general partnership, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing August 29, 1984.

Attorney(s) appearing for the Case

Barbara V. Tinsley, Asst. U.S. Atty., Atlanta, Ga., Glenn L. Archer, Jr., Asst. Atty. Gen., Tax Division, Michael L. Paup, Chief, Appellate Section, Richard Farber, Farley P. Katz, Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Trammell E. Vickery, Atlanta, Ga., Daniel F. Kolb, Nancy Grunberg, Washington, D.C., for defendants-appellees.

Before HILL, VANCE and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The United States filed this civil suit seeking to enjoin the accounting partnership Ernst & Whinney from actions allegedly interfering with the administration of Internal Revenue laws. The district court dismissed the action, finding that it lacked the power to issue an injunction pursuant to either 26 U.S.C.A. § 7402 (West 1967) or 26 U.S.C.A. § 7407 (Supp.1983), the statutory provisions pled by the

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