McDONALD COAL CO. v. LEWELLYN

No. 3467.

16 F.2d 274 (1926)

McDONALD COAL CO. v. LEWELLYN, Internal Revenue Collector.

Circuit Court of Appeals, Third Circuit.

December 7, 1926.


Attorney(s) appearing for the Case

William G. Heiner, of Pittsburgh, Pa., for plaintiff in error.

John R. Wheeler, of Washington, D. C., John D. Meyer, U. S. Atty., and W. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa., and A. W. Gregg, of Washington, D. C., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


PER CURIAM.

In the court below this and another similar case against a succeeding collector were both actions at law brought by the same taxpayer and involved the same facts and the same question. Jury trial was waived, both cases heard together, and this one was appealed, with the agreement of record that the decision in this appeal should cover both.

The basic fact before the court was whether the McDonald Coal Company operated the coal business upon which...

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