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YOUNGKEN v. UNITED STATES

Nos. 17355, 17356.

407 F.2d 836 (1969)

Harold H. N. YOUNGKEN, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided February 13, 1969.

Attorney(s) appearing for the Case

Herbert L. Levy, Bethlehem, Pa. (Robert Margolis, Bethlehem, Pa., on the brief), for plaintiff-appellant.

Stephen H. Hutzelman, Tax Division, Dept. of Justice, Appellate Section, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., Drew J. T. O'Keefe, U. S. Atty., on the brief), for appellee.

Before SEITZ, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiff paid taxes assessed against him as an employer under the Federal Insurance Contributions Act. He brought these actions seeking refunds on the ground that he was not an employer within the meaning of the Act and did not have to make social security contributions for one, Mrs. Suther. At the close of plaintiff's evidence, which consisted entirely of testimony adduced from him, the district court directed a verdict...

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