Dunbar

The United States appeals from a judgment holding appellees, trustees of Bell View Oil Syndicate, having leases of petroleum carrying and producing lands, are not employees or individuals in the employ of another under Title IX of the Social Security Act, 42 U.S.C.A. § 1101 et seq., hereinafter called the Act. On this holding the district court gave judgment to appellees to recover on a claim of overpayment of federal unemployment taxes for the years 1936, 1937, 1938, and 1939, the amount assessed and collected on the as *890 sociation paid by the trastees to each trustee from the trust funds.

The trust instrument created five trustees with self-perpetuating powers, the three appellees being surviving trustees. As in such oil syndicates they hold leases of oil lands which they are empowered to and have drilled and developed in the production of petroleum from deposits in the lands. The beneficial interest in the trust estate is in the holders of certificates' issued by the trustees. For the purposes of this appeal, we agree with the trustees that the certificate holders have no power of direction or control of the trustees and aré not employers of the trustees. The trust…