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HALTON TRACTOR COMPANY v. UNITED STATES

Nos. 32133, 32134.

141 F.Supp. 411 (1956)

HALTON TRACTOR COMPANY, Inc., a corporation, Plaintiff, v. UNITED STATES of America, Defendant. WES DURSTON, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

June 5, 1956.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., by George A. Blackstone, Asst. U. S. Atty., of San Francisco, Cal., for defendant.

Henry M. Jonas and Roy A. Sharff, San Francisco, Cal., for plaintiff.

OLIVER J. CARTER, District Judge.

The basic issue in these consolidated cases is whether the plaintiffs were coerced into paying to the Government taxes owed by a third party. Acting on behalf of the Halton Tractor Company and Wes Durston, Inc., Edward H. Halton paid social security and withholding taxes that were owed to the Federal Government by Lloyd Watson; the defendant claims that Halton was a volunteer.

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