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UNITED STATES v. MARYLAND CASUALTY COMPANY

No. 19785.

323 F.2d 473 (1963)

UNITED STATES of America, Appellant, v. MARYLAND CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

October 15, 1963.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Frederick E. Youngman, Attys., Dept. of Justice, Washington, D. C., E. Barefoot Sanders, Jr., U. S. Atty., Joseph McElroy, Jr., Asst. U. S. Atty., Dallas, Tex., for appellant.

W. S. Downard, Wm. M. Taylor, Jr., Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., for appellee.

Before TUTTLE, Chief Judge, and WISDOM and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

By its complaint in the U. S. District Court the appellant United States, sought to recover certain federal taxes from Maryland Casualty Company, as surety, on certain subcontract performance bonds. The taxes involved are income withholding taxes,1 taxes due under Federal Insurance Contributions Act (FICA), commonly referred to as Social Security,2 and taxes due pursuant to the Federal...

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