FRANCIOSA v. UNITED STATES

Civ. A. Nos. 26248, 29192, 29193, 32305-32307.

231 F.Supp. 952 (1964)

Joseph and Anne FRANCIOSA, et al. v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

July 15, 1964.


Attorney(s) appearing for the Case

Gus Milides, Michael V. Franciosa, Easton, Pa., for plaintiffs.

Drew J. T. O'Keefe, U. S. Atty., Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., Thomas F. Field, Dept. of Justice, Washington, D. C., for defendant.


GRIM, District Judge.

The plaintiff taxpayers obtained from the Lehigh Coal and Navigation Company the non-exclusive right to remove silt from the islands, bed and banks of the Lehigh river near Easton, Pennsylvania, and to extract coal therefrom. They removed the silt in accordance with the terms of the agreement, processed the coal from it, sold the coal and now contend that they are entitled to the percentage depletion...

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