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UNITED STATES v. SLUTSKY

No. 72 Cr. 1235.

352 F.Supp. 1105 (1972)

UNITED STATES of America, v. Ben J. SLUTSKY and Julius Slutsky, d/b/a The Nevele, Ellenville, New York, Defendants.

United States District Court, S. D. New York.

December 29, 1972.

Attorney(s) appearing for the Case

Louis Bender, New York City, for defendant Ben J. Slutsky.

Moses L. Kove, New York City, for defendant Julius Slutsky.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, for the United States; David M. Brodsky, Asst. U. S. Atty., of counsel.

OPINION

MacMAHON, District Judge.

This is a motion under Rule 17(c), Fed.R.Crim.P. to compel the production of business records, pursuant to a subpoena duces tecum, of a two-man partnership for use upon the trial of the partners for wilful subscription to false partnership and personal tax returns (26 U.S.C. §§ 7206(1), 7201). The defendant partners oppose the motion and move to quash the subpoena on the ground that their Fifth Amendment privilege...

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