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UNITED STATES v. W. M. WEBB, INCORPORATED

No. 25674.

402 F.2d 956 (1968)

UNITED STATES of America, Appellant, v. W. M. WEBB, INCORPORATED, et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 6, 1968.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Harry Marselli, Robert N. Anderson, Robert I. Waxman, Attys., Dept. of Justice, Washington, D. C., Louis C. LaCour, U. S. Atty., Joan Elaine Chauvin, Asst. U. S. Atty., New Orleans, La., for appellant.

David E. Hogan, New Orleans, La., Joseph J. Lyman, Washington, D. C., for appellees.

Before COLEMAN and MORGAN, Circuit Judges, and HUNTER, District Judge.

HUNTER, District Judge:

These tax refund cases involve similar questions of law and fact, and were consolidated by agreement of the parties. The sole question presented is whether fishermen (captains and crews) operating menhaden fishing boats owned by the taxpayers, were their employees for purposes of the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA) within the meaning of Sections 3121 et seq., and 3306 et seq., of the Internal...

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