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PENNSYLVANIA PULVERIZING CO. v. BUTLER

No. 4861.

61 F.2d 311 (1932)

PENNSYLVANIA PULVERIZING CO. v. BUTLER.

Circuit Court of Appeals, Third Circuit.

September 29, 1932.

Attorney(s) appearing for the Case

Kellogg & Chance, of Jersey City, N. J. (Merritt Lane and Arthur T. Vanderbilt, both of Newark, N. J., and Theodore C. Waters, of Baltimore, Md., of counsel), for appellant Pennsylvania Pulverizing Co.

Samuel Greenstone, of Newark, N. J. (John A. Hartpence and Thomas G. Haight, both of Jersey City, N. J., of counsel), for appellee.

George S. Hobart, of Newark, N. J., amicus curiæ.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

Pennsylvania Pulverizing Company is engaged in the business of grading and pulverizing sand for commercial purposes. The process, shortly stated, is to dig from a pit free silica sand such as is found on beaches by the sea. A portion of this raw product is sold for building purposes and for use by railroad locomotives and foundries. For practically all other purposes the sand must be converted into its relatively pure crystalline form; therefore...

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