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SCHAEFER v. BOWERS

No. 200.

50 F.2d 689 (1931)

SCHAEFER v. BOWERS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

June 24, 1931.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Frank W. Ford, Asst. U. S. Atty., of New York City, of counsel), for appellant.

John W. Davis, of New York City (Marion N. Fisher, of Washington, D. C., and Marvin Lyons, of New York City, of counsel), for appellee.

C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Eldon O. Hanson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for Commissioner of Internal Revenue.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

Schaefer, the plaintiff, was an employee of the Standard Oil Company of New Jersey, and became a party to a stock subscription plan, inaugurated by his employer on December 30, 1920, for a period of five years. The plan provided that any employee might contribute to a fund so much of his pay as he chose up to twenty per cent., to which the employer would add one-half. Trustees, appointed by the employer, were to receive the joint contribution...

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