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UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES

Civ. No. 9830.

164 F.Supp. 703 (1958)

UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation v. UNITED STATES of America.

United States District Court D. Maryland.

September 10, 1958.

Attorney(s) appearing for the Case

Robert D. Bartlett, J. Kemp Bartlett, Jr., Gordon C. Murray, Samuel H. McCoy, II, and Bartlett, Poe & Claggett, Baltimore, Md., for plaintiff.

Leon H. A. Pierson, U. S. Atty., Baltimore, Md., Charles K. Rice, Asst. Atty. Gen., Lyle M. Turner, Anthony R. DeSanto, and Jack F. Blair, Attys., Dept. of Justice, Washington, D. C., for defendant.

THOMSEN, Chief Judge.

Plaintiff surety seeks judgment against the United States for $4,243.05, a portion of the retained percentage under a contract between its principal and the government. The government has applied the $4,243.05 to extinguish a civil penalty, assessed against the principal under 26 U.S.C.A. § 6672, for failing to pay over FICA taxes1 deducted from the wages of employees of a corporation of which he was president...

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