PORTERIE, District Judge.
This is a suit to recover $1,003.37 paid as tax, penalty, and interest under the provisions of Titles VIII and IX of the Social Security Act, 49 Stat. 620, 636, 42 U.S.C.A. §§ 1001 et seq., 1101 et seq. The action arises as the result of the determination by the Commissioner of Internal Revenue that the persons upon whom the taxes were imposed were the employees of the plaintiff within the meaning of the Social Security Act.
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