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OSCAR MAYER & CO., INC. v. UNITED STATES

No. 79-1743.

623 F.2d 1223 (1980)

OSCAR MAYER & CO., INC. and Oscar Mayer & Co., Inc. (PA), Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 1980.

Attorney(s) appearing for the Case

Stanley S. Shaw, Jr., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Edward C. Rustigan, Chicago, Ill., for plaintiffs-appellees.

Before FAIRCHILD, Chief Judge, and CUMMINGS and PELL, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff Wisconsin meatpacker and its Pennsylvania subsidiary sued to recover with interest alleged overpayments of $69,958.03 assessed against plaintiffs and Alpha Technical Services, Inc., a defunct subsidiary of the Wisconsin corporation, under the employer withholding provisions of the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), and income tax laws.1 Relying on the Supreme...

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