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LAMKIN v. BROWN AND ROOT, INC.

No. 14772.

233 F.2d 320 (1956)

Richard C. LAMKIN and Anthony B. Silvia, Appellants, v. BROWN AND ROOT, Inc.; Pacific Bridge Company, Inc.; Maxon Construction Company, Inc.; Utah Construction Company, Inc.; and Swinnerton and Wallberg, a co-partnership, Joint Adventurers doing business under the name of Brown-Pacific-Maxon, Appellees.

United States Court of Appeals Ninth Circuit.

April 19, 1956.

Attorney(s) appearing for the Case

Finton J. Phelan, Jr., E. R. Crain, Agana, Guam, Thomas F. Jenkins, San Francisco, Cal., for appellant.

H. Brian Holland, Asst. Atty. Gen., I. Henry Kutz, Ellis N. Slack, Attys., Dept. of Justice, Washington, D. C., H. G. Homme, Jr., U. S. Atty., Agana, Guam, for appellees.

Howard D. Porter, Atty. Gen., Louis A. Otto, Deputy Atty. Gen., Leon D. Flores, Island Atty., Government of Guam, Agana, Guam, amicus curiae.

Before HEALY, FEE, and CHAMBERS, Circuit Judges.

HEALY, Circuit Judge.

By this suit appellants sought to enjoin their employers (appellees) from complying with income tax levies of the Territory of Guam by withholding sums payable to appellants as wages for services in the construction of military installations on the Island.

Appellees moved for and were granted summary judgment of dismissal. It appears that no genuine issue of fact existed in the case, so that summary judgment was in order if the court...

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