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CABAIS v. EGGER

Nos. 81-2258 to 81-2260 and 81-2264.

690 F.2d 234 (1982)

Lawrence CABAIS, et al. v. Roscoe EGGER, Commissioner of the Internal Revenue Service, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 23, 1982.

As Amended March 21, 1983.

Attorney(s) appearing for the Case

Stanley S. Harris, U. S. Atty., Michael Kimmel and Leonard Schaitman, Attys., Dept. of Justice, Washington, D. C., were on the brief for appellants in Nos. 81-2258, 81-2260 and cross-appellees in Nos. 81-2259 and 82-2264.

Wendy L. Kahn, Washington, D. C., with whom John Fillion, Jordan Rossen, Detroit, Mich., and Jonathan A. Weiss, New York City, were on joint brief for Intern. Union, et al., appellees in Nos. 81-2258 and 81-2260 and cross-appellants in Nos. 81-2259 and 81-2264.

Robert M. Raives, New York City, entered an appearance for Nat. Retired Teachers Ass'n, et al., appellants in No. 81-2259 and cross-appellees in No. 81-2260.

Before ROBINSON, Chief Judge, SWYGERT, Senior Circuit Judge, and WALD, Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge SWYGERT.

SWYGERT, Senior Circuit Judge.

These consolidated appeals involve the pension offset provision of the Federal Unemployment Tax Act ("the Federal Act" or "FUTA"), 26 U.S.C. §§ 3301 et seq. The plaintiffs, Lawrence Cabais, et al., are individuals who allege injury resulting from the pension offset provisions. The plaintiffs, International Union, United Automobile Aerospace and...

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