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DAVIS v. EDISON ELECTRIC ILLUMINATING CO. OF BOSTON

No. 3221.

89 F.2d 393 (1937)

DAVIS v. EDISON ELECTRIC ILLUMINATING CO. OF BOSTON et al.

Circuit Court of Appeals, First Circuit.

April 14, 1937.

Attorney(s) appearing for the Case

Edward F. McClennen, of Boston, Mass. (Jacob J. Kaplan, of Boston, Mass., on the brief), for appellant.

Robert H. Jackson, Asst. Atty. Gen. (Stanley Reed, Sol. Gen., James W. Morris, Asst. Atty. Gen., Sewall Key, Paul Freund, J. P. Jackson, F. A. LeSourd, and Arnold Raum, Sp. Assts. to the Atty. Gen., Thomas N. Eliot, Gen. Counsel, Social Security Board, and Alanson W. Willcox, Asst. Gen. Counsel, Social Security Board, both of Washington, D. C., on the brief), for appellees Commissioner of Internal Revenue et al.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

WILSON, Circuit Judge.

This is a bill in equity brought by a stockholder of the defendant company seeking to enjoin the defendant from paying the tax imposed on it by section 804 of title VIII of chapter 531, 49 Stat. 620, 637 (42 U.S.C.A. § 1004), known as the Social Security Act, on the ground that the tax is not one authorized by section 8 of article 1 of the Constitution of the United States, that the act infringes the rights of the states, and imposes a...

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