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ZIPSER v. EWING

No. 226, Docket 22273.

197 F.2d 728 (1952)

ZIPSER et al. v. EWING.

United States Court of Appeals Second Circuit.

Decided June 23, 1952.

Attorney(s) appearing for the Case

Holmes Baldridge, Washington, D. C., Myles J. Lane and Robert Martin, New York City (Edward H. Hickey, Herman Wolkinson and Leonard B. Zeisler, Washington, D. C., of counsel), for appellant.

Stuart McCarthy, New York City (David I. Shivitz and Edmund B. Hennefeld, New York City, of counsel), for appellees.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The 1948 Amendment in explicit terms retroactively defined "employee" so as to make applicable the common law definition. The Senate Report2 on that amendment cited with approval our opinion in Radio City Music Hall Corp. v. United States, 2 Cir., 135 F.2d 715, 717, where we said, "The test lies in the degree to which the principal may intervene to control the details of the agent...

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