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BETHLEHEM STEEL CORPORATION v. FOLEY

No. 389, Docket 32012.

399 F.2d 314 (1968)

BETHLEHEM STEEL CORPORATION, Appellant, v. John E. FOLEY, District Director of Internal Revenue, Appellee.

United States Court of Appeals Second Circuit.

Decided July 26, 1968.

Attorney(s) appearing for the Case

Donald C. Lubick, Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., on the brief), for appellant.

Robert J. Campbell, Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Dept. of Justice, Washington, D. C., Thomas A. Kennelly, Acting U. S. Atty., and C. Donald O'Connor, Asst. U. S. Atty., Western Dist. of New York, on the brief), for appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

In 1964, the State of New York contracted with Schwab Bros. Trucking, Inc. (the contractor) for the construction of two sections of arterial highway in Buffalo. The contractor in turn made an agreement with Bethlehem Steel Corporation (Bethlehem) for the purchase and delivery of heavy construction materials to be used on the highway project. The materials were shipped to the job site between the first of August and the end of November, 1964...

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