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GLENN L. MARTIN CO. v. UNITED STATES

No. 4375.

100 F.2d 793 (1939)

GLENN L. MARTIN CO. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

John T. Koehler, of Washington, D. C. (Semmes, Bowen & Semmes, of Baltimore, Md., on the brief), for appellant.

James E. Murphy, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Bernard J. Flynn, U. S. Atty., and G. Randolph Aiken, Asst. U. S. Atty., both of Baltimore, Md., on the brief), for the United States.

Before PARKER and NORTHCOTT, Circuit Judges, and H. H. WATKINS, District Judge.

PARKER, Circuit Judge.

This is an appeal by plaintiff from an adverse judgment in a suit instituted under the Tucker Act, 28 U.S.C.A. § 41(20), to recover of the United States the sum of $7,737.32, alleged to be due under a government contract because of plaintiff's being required to pay social security taxes in that amount. Under the contract, which was executed June 25, 1934, prior to the passage of the Federal Social Security Act of August 14, 1935, 49 Stat...

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