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MIDWEST HAULERS v. BRADY

No. 9033.

128 F.2d 496 (1942)

MIDWEST HAULERS, Inc., et al. v. BRADY, Acting Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

June 2, 1942.

Attorney(s) appearing for the Case

Wilbur E. Benoy, of Columbus, Ohio (Russell G. Saxby, of Columbus, Ohio, and William E. Orthwein, of Toledo, Ohio, on the brief), for appellants.

Harry Marselli, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch and Frederic G. Rita, Sp. Assts. to Atty. Gen., Francis B. Kavanagh, of Cleveland, Ohio, and John Paul Manton, of Toledo, Ohio, on the brief), for appellee.

Before HICKS, HAMILTON, and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant brought this action to enjoin the collection of additional taxes assessed against it under Titles VIII and IX of the Social Security Act, 42 U.S.C.A. § 1001 et seq. and § 1101 et seq., § 1400 et seq. and § 1600 et seq., Title 26 U.S.C.A., Internal Revenue Code as amended, asserting the illegality of the additional taxes and that the collection of them would cause it irreparable injury and would destroy its business...

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