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WINTERS RANCH PARTNERSHIP v. VIADERO

No. 95-50902.

123 F.3d 327 (1997)

WINTERS RANCH PARTNERSHIP, a Texas partnership; David W. Winters; Sara F. Winters; Thomas D. Winters; John C. Winters, Plaintiffs-Counter Defendants-Appellees, v. Roger C. VIADERO, Inspector General, U.S. Department of Agriculture, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 1, 1997.

Attorney(s) appearing for the Case

Alan Robert Malasky, Jenkins & Gilchrist, William Ernest Penn, Arent, Fox, Kintner, Plotkin & Kahn, John R. Foster, Lowrey, Foster & Hodge, Del Rio, TX, for Plaintiffs-Counter Defendants-Appellees.

Jeffrey A. Clair, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Counter Claimant-Appellant.

Before GARWOOD, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Appellant, the Inspector General (of the United States Department of Agriculture (USDA)) ("IG"), seeks summary enforcement of administrative subpoenas duces tecum issued to Appellees, Winters Ranch Partnership and its individual partners (collectively, "the WRP group"). The WRP group contends that the subpoenas were issued pursuant to an investigation which exceeds the IG's statutory authority under the Inspector General Act and are,...

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