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RADIO CITY MUSIC HALL CORP. v. UNITED STATES

No. 208.

135 F.2d 715 (1943)

RADIO CITY MUSIC HALL CORPORATION v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 3, 1943.

Attorney(s) appearing for the Case

Laurence H. Axman and Mathias F. Correa, U. S. Atty., both of New York City, for appellant.

Richard Swan Buell and Francis T. Christy, both of New York City (McLanahan, Merritt, Ingraham & Christy, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from a summary judgment for the plaintiff in an action to recover taxes erroneously collected for the year 1938: it turns upon whether certain actors engaged by the plaintiff in that year were "employees" within the meaning of §§ 801, 804 and 901 of Chapter 531 of the First Session of the 74th Congress, 49 St. at L., pages 636, 637, 639, 42 U.S.C.A. §§ 1001, 1004, 1101. That question in turn depends upon the...

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