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ABRAMS v. UNITED STATES

Civ. Nos. 69-29 BK, 69-30 BK.

333 F.Supp. 1134 (1971)

A. David ABRAMS, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Frank G. LEONFORTE and Julyn Sportswear, Inc., Third-Party Defendants.

United States District Court, S. D. West Virginia, at Beckley.

October 30, 1971.

Attorney(s) appearing for the Case

James C. Higgins, Beckley, W. Va., for plaintiff.

W. Warren Upton, U. S. Atty., Charleston, W. Va., for defendant and third-party plaintiff.

Harold D. Brewster, Jr., Bluefield, W. Va., Barley & Goode, Welch, W. Va., for third-party defendant, Frank G. Leonforte.

John T. Kay, Jr., Charleston, W. Va., for third-party defendant, Julyn Sportswear, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

FIELD, Chief Judge.

These consolidated actions came before this Court on June 15 and 16, 1971, for trial without a jury. Now, upon consideration of the evidence and the arguments of counsel, the Court finds as follows:

FINDINGS OF FACT

1. These consolidated actions1 concern the trust fund portion of the employment taxes which were assessed against, but left unpaid by,...

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