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2d 582
Theodore F. Bowes, U. S. Atty., for the Northern Dist. of New York, and
Kenneth P. Ray, Asst. U. S. Atty., Syracuse, N. Y., for petitioner.
Before CLARK, MOORE and FRIENDLY, Circuit Judges.
FRIENDLY, Circuit Judge.
Study of the Government's petition for mandamus and its supporting brief
convinces us that the petition must be denied. In the interest of expedition,
which the Government suggests may be peculiarly important because of the
possible running of the statute of limitations against criminal prosecution of the
taxpayers in early December, we deny the petition without awaiting taxpayers'
brief or oral argument.
motion to produce, in a manner we shall state below. He set the hearing for
October 24. Instead of going to hearing, the Government obtained a stay from
this Court and asks us to mandamus the judge to vacate his orders for a hearing
and for the production of documents. We find no sufficient reason for granting
this relief.
3
The petition for mandamus is denied and the stay of the hearing is vacated
forthwith. Although the Government has been largely responsible for the delay,
nevertheless, in view of the possible running of the statute of limitations in
early December, the hearing should be concluded well before then, unless the
taxpayers enter into an appropriate stipulation. 2
Notes:
1
The order was plainly too broad in restraining the Government "from
submitting any evidence or information to a Grand Jury or from taking any
other or further proceedings" in relation to the taxpayers pending determination
of their motion to suppress; any temporary restraint should have related only to
the use of books and records turned over by the taxpayers or of evidence
obtained as a result. However, the Government has not asked the District Judge
so to limit the scope of the restraining order, as distinguished from vacating it