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SCHAEFER v. BOWERS

41 F.2d 803 (1930)

SCHAEFER v. BOWERS, Collector of Internal Revenue.

District Court, S. D. New York.

March 10, 1930.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed and John W. Davis, all of New York City, for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for defendant.

BONDY, District Judge.

This is a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. It alleges that the plaintiff was an employee of the Standard Oil Company of New Jersey and participated in its stock acquisition plan, the general purpose of which was to enable employees to become stockholders in the company on favorable terms, and thus to participate in the earnings of the company which their services...

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