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DAVIS v. BOSTON & MAINE R. R.

No. 4392.

17 F.Supp. 97 (1936)

DAVIS v. BOSTON & MAINE R. R.

District Court, D. Massachusetts.

December 7, 1936.

Attorney(s) appearing for the Case

Edward F. McClennen and Jacob J. Kaplan, both of Boston, Mass., for George P. Davis.

Richard W. Hall, of Boston, Mass., for Boston & M. R. R.

Charles E. Wyzanski, Jr., of Washington, D. C. (Stanley Reed, Sol. Gen., of Washington, D. C., Robert H. Jackson, Asst. Atty. Gen., Sewall Key, Charles E. Wyzanski, Jr., J. P. Jackson, Arnold Raum, and F. A. LeSourd, Sp. Assts. to Atty. Gen., Charles A. Horsky, of Washington, D. C., Francis J. W. Ford, U. S. Atty, and Arthur L. Murray, Sp. Asst. to U. S. Atty., both of Boston, Mass., and Thomas H. Eliot, Gen. Counsel, Social Security Board, of Washington, D. C., on the brief), for the Government.

SWEENEY, District Judge.

This is a suit in equity in which the petitioner, a stockholder in the respondent railroad company, seeks to enjoin the respondent from making payment to the Massachusetts Unemployment Compensation Commission under a state act (St. 1935, c. 479), and to the United States Collector of Internal Revenue under Title IX of the Social Security Act (section 901 et seq. [42 U.S.C.A. § 1101 et seq.]), and seeks to have both enactments declared...

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