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BOOKWALTER v. CENTROPOLIS CRUSHER COMPANY

No. 16953.

305 F.2d 27 (1962)

E. O. BOOKWALTER, District Director of Internal Revenue, Appellant, v. CENTROPOLIS CRUSHER COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

June 27, 1962.

Attorney(s) appearing for the Case

Melva M. Graney, Atty., Dept. of Justice, Washington, D. C., for appellant; Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., Lee A. Jackson and Kenneth E. Levin, Attys., Dept. of Justice, Washington, D. C., and F. Russell Millin, U. S. Atty., Kansas City, Mo., with her on the brief.

James E. Burke, Kansas City, Mo., for appellee; Donald E. Willson and John A. Biersmith, Jr., Kansas City, Mo., with him on the brief.

Before VOGEL, VAN OOSTERHOUT and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

Centropolis Crusher Company (taxpayer) is engaged in the business of mining, processing and selling metallurgical or chemical grade limestone, a term generally applied in the industry to high-grade limestone that contains a relatively high calcium carbonate content. Taxpayer instituted this action against the District Director of Internal Revenue, hereinafter referred to as "Director," to recover the...

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