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UNITED STATES v. JAMES T. BARNES AND CO.

No. 84-1220.

758 F.2d 146 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. JAMES T. BARNES AND COMPANY, Midland Mortgage Corporation, James T. Barnes, Jr., Estate of James T. Barnes, Sr., James T. Barnes, Jr. Inter Vivos Trust Dated May 26, 1978, and Coopers and Lybrand, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Publication Ordered March 22, 1985.

Attorney(s) appearing for the Case

James K. Robinson, Peter M. Alter, Norman Ankers, James J. Walsh, Lead Counsel, Richard A. Rossman, Susan P. Carino, Detroit, Mich., for defendants-appellants.

Joyce Branda, Commercial Litigation Branch, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before ENGEL, KENNEDY and CONTIE, Circuit Judges.

ORDER

Upon consideration of the plaintiff's motion to dismiss this appeal for lack of jurisdiction, and further considering the response and reply submitted in relation thereto,

It is concluded that this Court lacks jurisdiction to entertain this appeal. Coopers & Lybrand cannot appeal the district court's order because it did not submit to contempt for failure to comply with the subpoena duces tecum. Butcher v. Bailey, III Trustee,

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