UNITED STATES v. NAVAR

No. 11525.

158 F.2d 91 (1946)

UNITED STATES v. NAVAR et al.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1946.


Attorney(s) appearing for the Case

A. M. Sellers, Sp. Asst. to Atty. Gen., and Sewall Key, Acting Asst. Atty. Gen., both of Washington, D. C., and Holvey Williams, Asst. U. S. Atty., of El Paso, Texas, for appellant.

Louis A. Scott and J. L. Rasberry, both of El Paso, Texas, for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

The appeal is from a judgment allowing taxpayers, who operate a dairy, to recover old age and employment taxes paid from July 1, 1938, to September 30, 1942. The question presented is whether workers in the pasteurizing plant and mechanics and delivery men employed at the dairy are engaged in "agricultural labor" within the meaning of the exceptions and exemptions of Sections 811(b) (1) and 907(c) (1) of the Social Security Act, 42 U.S.C.A....

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