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DAVIS v. EDISON ELECTRIC ILLUMINATING CO. OF BOSTON

No. 4399.

18 F.Supp. 1 (1937)

DAVIS v. EDISON ELECTRIC ILLUMINATING CO. OF BOSTON.

District Court, D. Massachusetts.

January 27, 1937.

Attorney(s) appearing for the Case

Edward F. McClennen and Jacob J. Kaplan, both of Boston, Mass., for petitioner.

Frederick Manley Ives (of Johnson, Clapp, Ives & Knight), of Boston, Mass., for respondent.

Stanley Reed, Sol. Gen., of Washington, D. C., Robert H. Jackson, Asst. Atty. Gen., Sewall Key, Paul Freund, J. P. Jackson, F. A. LeSourd, and Arnold Raum, Sp. Assts. to the Atty. Gen., Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to the U. S. Atty., both of Boston, Mass., and Thomas H. Eliot, Gen. Counsel, Social Security Board, of Washington, D. C., for intervening defendants.

SWEENEY, District Judge.

This is a suit in equity in which the petitioner, a stockholder in the respondent corporation, seeks to enjoin the corporation from paying (a) taxes levied by Title VIII of the Social Security Act (sections 801-811 [42 U.S.C.A. §§ 1001-1011]) against the respondent, and (b) taxes levied by the same title against employees of the respondent which is charged with the duty of withholding the said tax from the wages of its employees...

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