DEECY PRODUCTS CO. v. WELCH

No. 3683.

124 F.2d 592 (1941)

DEECY PRODUCTS CO. v. WELCH, Former Collector of Internal Revenue.

Circuit Court of Appeals, First Circuit.

December 19, 1941.


Attorney(s) appearing for the Case

Samuel S. Dennis, 3rd, of Boston, Mass. (Edward J. Keelan, Jr., and Hale & Dorr, all of Boston, Mass., on the brief), for appellant.

Lyle M. Turner, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., and Edmund J. Brandon and George F. Garrity, both of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAHONEY, Circuit Judge.

The plaintiff brought this action to recover taxes for the year 1936 alleged to have been illegally assessed and collected by the defendant under Title IX, § 901 et seq. of the Social Security Act of 1935, 49 Stat. 639, 642, 42 U.S.C.A. § 1101 et seq. It denied that it was "an employer" under Section 907. However, the district judge held that the plaintiff was "an employer" subject to the Act and entered judgment for the defendant...

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