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BISHOP v. UNITED STATES

No. 71-3550.

476 F.2d 977 (1973)

T. L. BISHOP et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Joe MAGEE et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Nathan BOUDOIN et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. GULF TRAWLERS, INC., Sidney E. Herndon, d/b/a Herndon Marine Products Co., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. JOHNSON & JOHNSON PROCESSORS, INC., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1973.

Attorney(s) appearing for the Case

Ben A. Douglas, Atty., Tax Div., Dept. of Justice, Dallas, Tex., Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Meyer Rothwacks, Chief, Appellate Section, Issie L. Jenkins, Atty., Dept. of Justice, Washington, D. C., for defendant-appellant.

Joseph J. Lyman, Washington, D. C., Eli Mayfield, Palacios, Tex., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The ten year Odyssey of who is the employer—shipmaster or shipowner—of crew members of fishing vessels working on a lay for the payment of FICA and FUTA taxes commenced in an abortive effort to enjoin the Government, Enochs v. Williams Packing Co., 1962, 370 U.S. 1, 82 S.Ct. 1125, 8 L.Ed.2d 292; but followed shortly by the unfavorable decision to the Government in Crawford

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