Lamkin v. Brown And Root

233 F.2d 320 56-1 USTC P 9482 Richard C. LAMKIN and Anthony B. Silvia, Appellants, v. BROWN AND ROOT, Inc.; Pacific Bridge Company, Inc.; Maxon Construction Company, Inc.; Utah Construction Company, Inc.; and Swinnerton and Wallberg, a co-partnership, Joint Adventurers doing business under the name of Brown-Pacific-Maxon, Appellees. No. 14772. United States Court of Appeals Ninth Circuit. April 19, 1956. Finton J. Phelan, Jr., E. R. Crain, Agana, Guam, Thomas F. Jenkins, San Francisco, Cal., for appellant. H. Brian Holland, Asst. Atty. Gen., I. Henry Kutz, Ellis N. Slack, Attys., Dept. of Justice, Washington, D.C., H. G. Homme, Jr., U.S. Atty., Agana, Guam, for appellees. Howard D. Porter, Atty. Gen., Louis A. Otto, Deputy Atty. Gen., Leon D. Flores, Island Atty., Government of Guam, Agana, Guam, amicus curiae. Before HEALY, FEE, and CHAMBERS, Circuit Judges. HEALY, Circuit Judge. 1 By this suit appellants sought to enjoin their employers (appellees) from complying with income tax levies of the Territory of Guam by withholding sums payable to appellants as wages for services in the construction of military installations on the Island. 2 Appellees moved for and were granted summary…