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UNITED STATES v. WHOLESALE OIL CO.

No. 3244.

154 F.2d 745 (1946)

UNITED STATES v. WHOLESALE OIL CO., Inc.

Circuit Court of Appeals, Tenth Circuit.

March 15, 1946.

Attorney(s) appearing for the Case

Hilbert P. Zarky, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, A. F. Prescott, and Maurice P. Wolk, Sp. Assts. to Atty. Gen., and Randolph Carpenter, U. S. Atty., and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellant.

Frank S. Hodge, of Hutchinson, Kan. (Roy C. Davis, Warren H. White, William H. Vernon, Jr., and Eugene A. White, all of Hutchinson, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This case arises under the Social Security Act, 49 Stat. 620, as amended, 42 U.S. C.A. § 301 et seq. The appellee, the Wholesale Oil Company, Inc.,1 sued the United States to recover social security taxes which it had paid under protest. It recovered a judgment therefor, and the government has appealed. The only question is whether the persons who operated retail gasoline filling stations owned by the Company...

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