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UNITED STATES v. ZSCHACH CONST. CO.

No. 4714.

209 F.2d 347 (1954)

UNITED STATES v. ZSCHACH CONST. CO. et al.

United States Court of Appeals Tenth Circuit.

January 11, 1954.

Attorney(s) appearing for the Case

S. Dee Hanson, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, and Dudley J. Godfrey, Jr., Spec. Assts. to the Atty. Gen., and Frank D. McSherry, U. S. Atty., Muskogee, Okl., were with him on the brief), for the United States.

Remington Rogers, Tulsa, Okl., and Maurice M. Thomas, Oklahoma City, Okl. (Ned Looney and Clyde J. Watts, Oklahoma City, Okl., were with them on the brief), for appellees.

Before HUXMAN, MURRAH, and PICKETT, Circuit Judges.

PER CURIAM.

This appeal involves withholding and employment tax liability for the years 1948 and 1949.

The question is whether the court erred in failing to hold Pool Construction Company, the Western Casualty and Surety Company, the North American Casualty and Surety Reinsurance Corporation, and the Excess Insurance Company of America secondarily liable for the unpaid taxes of Zschach Construction Company to the extent of the amounts it deducted from its...

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