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BEAU RIVAGE RESTAURANT, INC. v. UNITED STATES

79 Civ. 2542.

511 F.Supp. 73 (1980)

BEAU RIVAGE RESTAURANT, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

November 3, 1980.

Attorney(s) appearing for the Case

Gerard A. Navagh, New York City, for plaintiff.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; Thomas D. Warren, Asst. U. S. Atty., New York City, of counsel.

OPINION and ORDER

CONNER, District Judge:

This is an action to recover alleged over-payments of $428.23 plus interest under the Federal Insurance Contribution Act ("FICA") and the Federal Unemployment Tax Act ("FUTA"). Plaintiff Beau Rivage Restaurant, Inc. ("Beau Rivage") has moved for summary judgment under Rule 56, F.R.Civ.P., on the grounds that the restaurant should not be required to pay FICA and FUTA taxes on certain meals and lodging furnished to...

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