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KEYSTONE MINING CO. v. GRAY

No. 7497.

120 F.2d 1 (1941)

KEYSTONE MINING CO. v. GRAY (BITUMINOUS COAL PRODUCERS BOARD FOR DIST. NO. 1, Intervener).

Circuit Court of Appeals, Third Circuit.

April 22, 1941.

Attorney(s) appearing for the Case

J. H. Oliver and Franklin B. Gelder, both of Scranton, Pa. (Douglas Swift, of New York City, on the brief), for petitioner.

Frank G. Smith, of Clearfield, Pa., for intervenor.

David L. Kreeger, and Abe Fortas, Gen. Counsel, Harold Leventhal, and Evelyn Neilson Cooper, all of Washington, D. C. (Robert L. Stern, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The Facts.

The petitioner, Keystone Mining Company, is a corporation of the State of Pennsylvania, wholly owned and controlled by the Delaware, Lackawanna and Western Railroad Company. It has no funded indebtedness. It owns coal-mining properties in Pennsylvania and produces coal from its mines at cost for use in the locomotives of the Lackawanna Railroad Company. The petitioner has a board consisting of five directors who are elected...

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