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PARTY CAB CO. v. UNITED STATES OF AMERICA

No. 9585.

172 F.2d 87 (1949)

PARTY CAB CO. v. UNITED STATES OF AMERICA.

United States Court of Appeals Seventh Circuit.

January 18, 1949.

Attorney(s) appearing for the Case

Phillip E. Freed, and Harry G. Fins, both of Chicago, Ill., for appellant.

Theron L. Caudle, Asst. Atty. Gen., Arthur L. Jacobs, Dept. of Justice, of Washington, D. C., and Otto Kerner, Jr., U. S. Atty., of Chicago, Ill., George A. Stinson and Ellis N. Slack, Special Assts. to the Atty. Gen., and Leroy R. Krein, Asst. U. S. Atty., of Chicago, Ill., for appellee.

Peter B. Atwood, John Kiely, Edwin F. Zukowski, and Walker, Atwood, Zukowski & McFarland, all of Chicago, Ill., amicus curiae.

Before MAJOR, Chief Judge, SPARKS, Circuit Judge, and SWYGERT, District Judge.

MAJOR, Chief Judge.

This is an appeal from a judgment adverse to the plaintiff (the taxpayer), entered January 21, 1948, in a suit to recover from the defendant taxes alleged to have been illegally assessed and collected under the provisions of Title VIII and IX of the Social Security Act, hereinafter referred to as the Act, 42 U.S.C.A. §§ 1001 et seq., 1101 et seq.

Plaintiff is an Illinois corporation organized "to operate taxicabs and automobiles...

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