No. 5567.

282 F.2d 157 (1960)

UNITED STATES of America, Appellant, v. Minnie E. THORSON et al., Appellees.

United States Court of Appeals First Circuit.

Decided September 8, 1960.

Attorney(s) appearing for the Case

George F. Lynch, Atty., Dept. of Justice, Washington, D. C., with whom Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Philip R. Miller, Attys., Dept. of Justice, Washington, D. C.. and Elliott L. Richardson, U. S. Atty., and Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., were on brief, for appellant.

Joseph J. Lyman, Washington, D. C., with whom Robert F. White, Boston, Mass., was on the brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

This is an appeal from a judgment entered for the plaintiffs in an action to recover federal insurance contribution taxes and federal unemployment taxes alleged to have been erroneously paid between June 30, 1952, and December 31, 1954, on the earnings of workers known as "applicators." The single question presented is whether these "applicators" were "employees" of the taxpayers-plaintiffs within the meaning of that word as used in § 1426...


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