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FITZMARTIN v. BINGLER

Civ. A. No. 65-852.

244 F.Supp. 541 (1965)

Walter J. FITZMARTIN and Jane A. Fitzmartin, his wife, Plaintiffs, v. John H. BINGLER, Mark DeLouis, and the Commercial Bank and Trust Company, Defendants.

United States District Court W. D. Pennsylvania.

August 20, 1965.

Attorney(s) appearing for the Case

Frank Reich and Abraham Fishkin, Pittsburgh, Pa., for plaintiffs.

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., and Thomas A. Daley, Asst. U. S. Atty., for defendants.

WEBER, District Judge.

In this action the Commissioner of Internal Revenue through an IRS Agent in the Pittsburgh District Office issued a subpoena to the Commercial Bank and Trust Company of Pittsburgh summoning the bank to appear before the IRS Agent with records of the plaintiffs' transactions with the bank. The bank notified the plaintiffs that it would obey the Summons unless restrained by an Order of Court or of the Treasury Department. Plaintiffs, taxpayers...

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