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STANDARD LIME AND CEMENT COMPANY v. UNITED STATES

No. 278-59.

329 F.2d 939 (1964)

STANDARD LIME AND CEMENT COMPANY (formerly known as the Standard Lime and Stone Company) v. The UNITED STATES.

United States Court of Claims.

March 13, 1964.

Attorney(s) appearing for the Case

Robert J. Casey, New York City, for plaintiff. Clark, Carr & Ellis, New York City, on the briefs.

S. Laurence Shaiman, Washington, D. C., with whom was Louis F. Oberdorfer, Asst. Atty. Gen., for defendant. Edward S. Smith, Lyle M. Turner, C. Moxley Featherston and Philip R. Miller, Washington, D. C., on the briefs.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

LARAMORE, Judge.

This is a suit for refund of Federal income taxes for the taxable period January 1, 1954 to November 30, 1954. During this period taxpayer owned and operated at Martinsburg, West Virginia, an underground limestone mine and a shale quarry, together with a plant for the processing of these materials into finished cement. The ultimate question for determination in this case is the amount of gross income attributable to the mining of these minerals for...

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