BETHLEHEM STEEL CORPORATION v. FOLEY

Civ. No. 11447.

278 F.Supp. 174 (1967)

BETHLEHEM STEEL CORPORATION, Plaintiff, v. John E. FOLEY, District Director of Internal Revenue, Schwab Bros. Trucking, Inc., Bero Construction Corp., and Herbert F. Darling, Defendants.

United States District Court W. D. New York.

October 23, 1967.


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y. (Donald C. Lubick, Buffalo, N. Y., of counsel), for plaintiff.

John T. Curtin, U. S. Atty. (C. Donald O'Connor, Asst. U. S. Atty., Lee A. Satterfield, Trial Attorney, Tax Division, of counsel), for defendant District Director of Internal Revenue.

Eugene C. Tenney, Buffalo, N. Y., for defendant Schwab Bros. Trucking, Inc.


HENDERSON, District Judge.

Pursuant to Title 28 U.S.C. §§ 1340 and 2463, the plaintiff, Bethlehem Steel Corporation, has commenced this action to have it declared the owner of uninstalled materials, consisting of approximately 315,000 pounds of reinforcing bars and approximately 20,000 pounds of bearing piles, which were located along a construction site on the Kensington Expressway Arterial Highway in the City of Buffalo, New York. The plaintiff and the...

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