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PEARE v. McFARLAND

No. S 83-69.

577 F.Supp. 791 (1984)

Harry S. PEARE, Individually and on behalf of a class of persons in the State of Indiana similarly situated, Plaintiff, v. Harry T. McFARLAND, in his capacity as Director of the Indiana Employment Security Division, William H. Skinner, Paul M. Hutson, Daniel L. Adams, Defendants, and United States Department of Labor, Defendant-Intervenor.

United States District Court, N.D. Indiana, South Bend Division.

January 6, 1984.

Attorney(s) appearing for the Case

Katherine A. Martin, Legal Services Program of Northern Indiana, Inc., South Bend, Ind., for plaintiff.

Linley E. Pearson, Atty. Gen. of Ind., Robert K. Robisch, Deputy Atty. Gen., Indianapolis, Ind., for defendants.

R. Lawrence Steele, U.S. Atty., Carol A. Husum, Asst. U.S. Atty., South Bend, Ind., Leslie K. Dellon, Dept. of Justice, Washington, D.C., for defendant-intervenor.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case is now before the court on cross-motions for summary judgment of plaintiff, Harry S. Peare, and defendant-intervenor, United States Department of Labor (DOL). The sole issue addressed in these motions is whether 26 U.S.C.A. § 3304(a)(15)(A)(i) of the Federal Unemployment Tax Act, 26 U.S.C. § 3304(a)(15)(A)(i) (§ (A)(i)), permits the defendant...

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