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GERSTENBLUTH v. CREDIT SUISSE SECURITIES (USA) LLC

Docket No. 12-4125-cv.

728 F.3d 139 (2013)

Chester GERSTENBLUTH, Plaintiff-Appellant, v. CREDIT SUISSE SECURITIES (USA) LLC, INTERNAL REVENUE SERVICE, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 27, 2013.

Attorney(s) appearing for the Case

Chester Gerstenbluth, pro se, Plainview, NY.

Stephen M. Kramarsky ( Angela L. Harris , on the brief), Dewey Pegno & Kramarsky LLP, New York, NY, for Defendant-Appellee Credit Suisse Securities (USA) LLC.

Kenneth W. Rosenberg ( Kathryn Keneally , Assistant Attorney General, Michael J. Haungs , Attorney, on the brief), Attorney, Tax Division, United States Department of Justice, Washington, D.C. ( Loretta E. Lynch , United States Attorney for the Eastern District of New York, Brooklyn, NY, of counsel), for Defendant-Appellee Internal Revenue Service.

Before: POOLER, LOHIER, and CARNEY, Circuit Judges.

SUSAN L. CARNEY, Circuit Judge:

Plaintiff-Appellant Chester Gerstenbluth, appearing pro se on appeal as he did in the District Court, agreed to withdraw his complaint under the Age Discrimination in Employment Act ("ADEA") against his former employer, Credit Suisse Securities (USA) LLC ("Credit Suisse"), in exchange for a lump sum payment of $250,000. The principal question on appeal is whether, under the Federal Insurance Contributions Act ("FICA"), these...

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