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ALPHA PORTLAND CEMENT CO. v. DAVIS

No. 8323.

88 F.2d 449 (1937)

ALPHA PORTLAND CEMENT CO. et al., Appellants, v. Harwell G. DAVIS, Individually and as Collector of Internal Revenue, et al.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1937.

Attorney(s) appearing for the Case

Forney Johnston, Jos. F. Johnston, and Borden Burr, all of Birmingham, Ala., and Niel P. Sterne, of Anniston, Ala., for appellants.

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

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

PER CURIAM.

A motion has been submitted to stay, pending appeal, proceedings to enforce the tax on employers of eight or more laid by title 9 of the Social Security Act, § 901 et seq. (42 U.S.C.A. § 1101 et seq.). For the reasons stated in the opinion this day filed in Beeland Wholesale Company et al. v. Davis, Collector (C.C.A.) 88 F.2d 447, the motion...

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