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United States. v. Zschach Const. Co.

UNITED STATES v. ZSCHACH CONST. CO. Et Al.

United States. v. Zschach Const. Co., 209 F.2d 347 (10th Cir. 1954)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
January 11, 1954
Docket
No. 4714_1
Judges
Huxman, Murrah, Per Curiam, Pickett
Citations
209 F.2d 34745 A.F.T.R. (P-H) 1381954 U.S. App. LEXIS 4516

Opinion — Per Curiam

PER CURIAM.

This appeal involves withholding and employment tax liability for the years 1948 and 1949.

The question is whether the court erred in failing to hold Pool Construction Company, the Western Casualty and Surety Company, the North American Casualty and Surety Reinsurance Corporation, and the Excess Insurance Company of America secondarily liable for the unpaid taxes of Zschach Construction Company to the extent of the amounts it deducted from its employees and then failed to pay over to the government.

It is conceded that this case is indistinguishable in fact or in law from that of United States Fidelity & Guaranty Co. v. United States, 10 Cir., 1952, 201 F.2d 118 . The government, however, contends that our conclusions in that case are erroneous and asks us to reexamine the question and overrule our former decision. Suffice it to say we have given further consideration to the question presented and a majority of the court adheres to the views expressed in our former decision.

*348 The judgment appealed from is, therefore, Affirmed on authority of United States Fidelity & Guaranty Co. v. United States, 10 Cir., 201 F.2d 118 . See, also, General Casualty Co. of America v. United States. 5 Cir., 205 F.2d 758 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1954: 11956: 11960: 11961: 21964: 11965: 21971: 119542026peak 1961 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States Fid. & Guar. Co. v. United States, 201 F.2d 118 (10th Cir. 1952) 56
Flynn Et Ux. v. United States, 205 F.2d 756 (8th Cir. 1953) 2

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