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ARVONIA-BUCKINGHAM SLATE CO. v. UNITED STATES

No. 13923.

426 F.2d 484 (1970)

ARVONIA-BUCKINGHAM SLATE COMPANY, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1970.

Attorney(s) appearing for the Case

H. Brice Graves, Richmond, Va. (Lee F. Davis, Jr., and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on the brief) for appellant.

William S. Estabrook, III, Atty., Dept. of Justice (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Grant W. Wiprud, Attys., Dept. of Justice, and C. Vernon Spratley, U. S. Atty., and Michael Morchower, Asst. U. S. Atty., on the brief) for appellee.

Before BRYAN, CRAVEN and BUTZNER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Federal income tax refunds of deficiencies assessed for the years 1964 and 1965 were sued for by Arvonia-Buckingham Slate Company, Inc., an integrated miner-manufacturer of slate. The dispute arises in the reckoning of the depletion allowance accorded Arvonia as a miner.1 The applicable rates of depletion have been agreed upon here.

The sole item in controversy...

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