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UNITED STATES v. HALTON TRACTOR COMPANY

No. 15396.

258 F.2d 612 (1958)

UNITED STATES of America, Appellant, v. HALTON TRACTOR COMPANY, Inc., a Corporation, and Wes Durston, Inc., a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 15, 1958.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Helen Buckley, A. F. Prescott, George F. Lynch, Attorneys, Department of Justice, Washington, D. C., Lloyd H. Burke, U. S. Atty., Marvin D. Morgenstein, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Henry M. Jones, Roy A. Sharff, San Francisco, Cal., for appellees.

Before STEPHENS, POPE and HAMLEY, Circuit Judges.

POPE, Circuit Judge.

Halton Tractor Company, Inc., a corporation, here called Halton, and Wes Durston, Inc., a corporation, here called Durston, both filed actions seeking to recover, as wrongfully collected, sums which they paid to the Collector of Internal Revenue, for social security and withholding taxes owing by one Lloyd H. Watson. In each case judgment was for the plaintiffs from which the United States has appealed...

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