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WEATHERGUARD CORPORATION v. UNITED STATES

No. 113-54.

146 F.Supp. 942 (1957)

WEATHERGUARD CORPORATION v. The UNITED STATES.

United States Court of Claims.

January 16, 1957.

Attorney(s) appearing for the Case

Joseph J. Lyman, Washington, D. C., for plaintiff.

Gilbert E. Andrews, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

JONES, Chief Judge.

This is a suit to recover federal insurance contributions taxes and federal unemployment taxes which plaintiff taxpayer asserts were erroneously collected for the years 1947 through 1951.

Pursuant to Rule 38(c), 28 U.S.C., the immediate issue is limited to the question of plaintiff's right to recover all or any part of such taxes as to certain full-time commission salesmen. The parties have agreed that whatever decision is made by the court...

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