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UNITED STATES v. METRO CONST. CO., INC.

No. CV 75-2629-EC.

439 F.Supp. 308 (1977)

UNITED STATES of America, Plaintiff, v. METRO CONSTRUCTION COMPANY, INC., Defendant.

United States District Court, C. D. California.

May 31, 1977.

Attorney(s) appearing for the Case

William D. Keller, U. S. Atty. (until 10-18-77) Andrea Ordin, U. S. Atty. (from 10-18-77) Charles H. Magnuson, Chief, Tax Division, J., Clancy Wilson, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff.

D. Earl Ellis, Los Angeles, Cal., for defendant.

MEMORANDUM AND ORDER FOR JUDGMENT

CRARY, Senior District Judge.

The United States seeks recovery of payroll taxes from the general contractor, defendant Metro Construction Company, Inc., (Metro) on nonpayment of those taxes by Metro's subcontractor, Wanka, the employer.

The issues of law as stated by the parties in their Pre-Trial Conference Order are:

(1) Whether Metro had actual notice or knowledge within the meaning of Title 26, U.S.C...

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