TOUPET-TAYLOR ENGINEERING CO. v. RED DOG MFG. & SUPPLY CO.

No. 3397.

16 F.2d 454 (1926)

TOUPET-TAYLOR ENGINEERING CO. v. RED DOG MFG. & SUPPLY CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied January 26, 1927.


Attorney(s) appearing for the Case

Charles M. Clarke, of Pittsburgh, Pa., for appellant.

George E. Stebbins and Byrnes, Stebbins & Parmelee, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

This case concerns the making of brick and hollow tile from "red dog," a by-product of bituminous coal mining. In such operation great quantities of slate and other strata near the coal have to be mined in connection with the coal, by reason of the thinness of the coal vein. This worthless substance is dumped in huge piles near the pit mouth, where it often takes fire by spontaneous combustion and the burning produces a substance, equally...

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