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UNITED STATES v. DUNBAR

No. 11049.

154 F.2d 889 (1946)

UNITED STATES v. DUNBAR et al.

Circuit Court of Appeals, Ninth Circuit.

April 5, 1946.

Attorney(s) appearing for the Case

Sewall Key, Acting Asst. Atty. Gen., J. Louis Monarch, Maurice P. Wolk, and Carlton C. Fox, Sp. Assts. to Atty. Gen., and Charles H. Carr, U. S. Atty., E. H. Mitchell, and George M. Bryant, Asst. U. S. Attys., and Eugene Harpole, Sp. Atty., Bur. of Int. Revenue, all of Los Angeles, Cal., for appellant.

A. Calder Mackay, Arthur McGregor, Howard W. Reynolds, and Charles J. Higson, all of Los Angeles, Cal., for appellee.

Before DENMAN, STEPHENS, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

The United States appeals from a judgment holding appellees, trustees of Bell View Oil Syndicate, having leases of petroleum carrying and producing lands, are not employees or individuals in the employ of another under Title IX of the Social Security Act, 42 U.S.C.A. § 1101 et seq., hereinafter called the Act. On this holding the district court gave judgment to appellees to recover on a claim of overpayment of federal unemployment taxes...

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