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DERR v. UNITED STATES

Nos. 76-C-623, 79-C-1.

498 F.Supp. 337 (1980)

Marvin G. DERR, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. STEVENS CONSTRUCTION CORP., Gary M. Cirves, Gregory A. Cirves, and Edmund J. Johnson, Third-Party Defendants. STEVENS CONSTRUCTION CORP., a Wisconsin Corporation, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Gary W. CIRVES, Gregory A. Cirves, Edmund J. Johnson, and Marvin G. Derr, Third-Party Defendants.

United States District Court, W. D. Wisconsin.

July 22, 1980.

Attorney(s) appearing for the Case

E. Clark Arnold, Columbus, Wis., for Marvin G. Derr.

John J. Ottusch, Milwaukee, Wis., for Stevens Const. Corp.

Jean E. Kilpatrick, Tax Div., Dept. of Justice, Washington, D. C., for the U. S.

John Koberstein, Madison, Wis., for third-party defendant Johnson.

Michael Nowakowski, Madison, Wis., for third-party defendants Cirves.

OPINION AND ORDER

CRABB, Chief Judge.

These consolidated cases concern the liability of Stevens Construction Corp. for payment of withholding taxes of employees of Cirves Electric Corporation and J & C Plumbing, Inc., for the fourth quarter of 1974.1 The cases are before the court on the government's motion for summary judgment. For the purpose only of deciding the motion, I find that there is no genuine issue with respect...

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