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CHESTER C. FOSGATE CO. v. UNITED STATES

Nos. 10096, 10178.

125 F.2d 775 (1942)

CHESTER C. FOSGATE CO. v. UNITED STATES. UNITED STATES v. CHESTER C. FOSGATE CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 7, 1942.

Attorney(s) appearing for the Case

John S. Lavin, of Orlando, Fla., for Chester C. Fosgate Co.

Arthur L. Jacobs, J. Louis Monarch, and Sewall Key, Sp. Assts. to the Atty. Gen., and Samuel O. Clark, Jr., Asst. Atty. Gen., Herbert S. Phillips, U. S. Atty., of Tampa, Fla., Harry G. Taylor, Sp. Asst. to the U. S. Atty., of Miami, Fla., and Wm. A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla., for the United States.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The question presented by this appeal and cross-appeal is whether certain services of the employees of the Chester C. Fosgate Company were, as the law stood in 1937, excepted from the basis for Social Security taxes for that year as being "agricultural labor."

The Company had a processing and packing plant in Florida for citrus fruits, in which it had invested over a quarter of a million dollars, and through which it handled and marketed...

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