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CHAS. C. STEWARD MACH. CO. v. DAVIS

No. 8410.

89 F.2d 207 (1937)

CHAS. C. STEWARD MACH. CO. v. DAVIS.

Circuit Court of Appeals, Fifth Circuit.

March 20, 1937.

Attorney(s) appearing for the Case

Walter Bouldin, Wm. Logan Martin, and Borden Burr, all of Birmingham, Ala., for appellant.

Robert H. Jackson, Asst. Atty. Gen., and Sewall Key and J. P. Jackson, Sp. Assts. to Atty. Gen., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The Charles C. Steward Machine Company sued the Collector of Internal Revenue to recover a tax of $46.14 collected from it as the employer of more than eight persons during the year 1936, by virtue of title IX of the Social Security Act (sections 901-910), 49 Stat. 639 (42 U.S.C.A. §§ 1101-1110). The tax is alleged to have been wrongfully and illegally assessed and collected because the Social Security Act is unconstitutional and void...

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