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U.S. v. McCALL

No. SCR 89-15.

727 F.Supp. 1252 (1990)

UNITED STATES of America v. James L. McCALL, Jr.

United States District Court, N.D. Indiana, South Bend Division.

January 4, 1990.

Attorney(s) appearing for the Case

Thomas O. Plouff, U.S. Atty., South Bend, Ind., for plaintiff.

Cindy K. Lail, St. John, Ind., Lowell H. Becraft, Jr., Huntsville, Ala., for defendant.

MEMORANDUM OPINION AND ORDER

ALLEN SHARP, Chief Judge.

I.

James L. McCall, Jr., criminal defendant in the above cause, moves this court to suppress evidence obtained by the United States (the Internal Revenue Service) through the issuance of administrative (I.R.S. Form 2039) summonses. McCall alleges the I.R.S. Special Agent who issued the summonses was not so empowered, and, accordingly, the evidence acquired was illegally obtained and must be...

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