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526 F.2d 430

Docket No. 75-1863.

Vargo v. Commissioner

Sixth Circuit Court of Appeals

Decided Dec. 10, 1975.

Sixth Circuit Court of Appeals · decided 1975-12-10

2 counsel of record

Decided 1975-12-10

¶1Leonard Saltzer, Cleveland, Ohio, for petitioner-appellant.

¶2Scott P. Crampton, Atty. Gen., Gilbert Andrews, Asst. Atty. Gen., Tax Div., U. S. Dept, of Justice, Washington, D. C., Elmer J. Kelsey, George G. Wolf, Meade Whitaker, Washington, D. C., for respondent-appellee.

¶3Before WEICK, CELEBREZZE and McCREE, Circuit Judges.

¶4ORDER

¶5This appeal was assigned by the Chief Judge to the panel for consideration pursuant to the provisions of Rule 3(e), Sixth Circuit.

¶6Upon consideration of the briefs and record before the Tax Court we are of the opinion that the Tax Court did not abuse its discretion in dismissing appellant’s petition for want of prosecution.

¶7It is therefore ordered that the decision of the Tax Court be and it is hereby affirmed. Rule 8, Sixth Circuit.

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