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UNITED STATES v. BERLIN & RUSSELL AIRCRAFT, ETC.

No. 10049.

131 F.2d 755 (1942)

UNITED STATES v. BERLIN & RUSSELL AIRCRAFT MACHINE & MANUFACTURING CO. et al.

Circuit Court of Appeals, Ninth Circuit.

November 23, 1942.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Gerald L. Wallace, Michael H. Cardozo, IV, and Warren F. Wattles, Sp. Assts. to Atty. Gen., all of Washington, D. C., E. H. Mitchell, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, both of Los Angeles, Cal., for appellant.

Charles Peckham, of Los Angeles, Cal., for appellee Berlin & Russell, etc.

Arthur H. Deibert, of Los Angeles, Cal., for appellee Charles T. Russell.

O'Melveny & Myers and Graham L. Sterling, Jr., all of Los Angeles, Cal., for appellee Intercontinent Aircraft.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order of the district court holding the partner appellees, hereinafter called taxpayer, not liable for federal unemployment taxes on their payrolls for the period extending from January 1, 1941, to May 16, 1941. Appellees had filed their petition in the district court for proceedings under the amendment of June 22, 1938, of the Bankruptcy Act. Ch. 572, 52 Stat. 840, 11 U.S...

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