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RESTAURANTS AND PATISSERIES LONGCHAMPS v. PEDRICK

52 F.Supp. 174 (1943)

RESTAURANTS AND PATISSERIES LONGCHAMPS, Inc., v. PEDRICK, United States Collector of Internal Revenue for Second District of New York.

District Court, S. D. New York.

September 28, 1943.

Attorney(s) appearing for the Case

Joel J. Weiner, of New York City, for plaintiff.

James B. M. McNally, U. S. Atty., for Southern District of New York, of New York City (Florence P. Shientag, of New York City, of counsel), for defendant.

HULBERT, District Judge.

Defendant moves for judgment dismissing the complaint upon the pleadings and an examination of the plaintiff before trial.

The action is to recover employment taxes alleged to have been erroneously and illegally assessed for the quarterly period beginning on April 1, 1942 and ending on June 30, 1942, and the question presented is whether payments made to plaintiff's employees were wages or "tips."

Plaintiff operates four restaurants...

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