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UNITED STATES STEEL CORPORATION v. UNITED STATES

No. 790, Dockets 35655, 35788.

445 F.2d 520 (1971)

UNITED STATES STEEL CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1971.

Attorney(s) appearing for the Case

A. Chauncey Newlin and Haliburton Fales, II, New York City (White & Case, Raymond D. Ryan, Thomas B. Leary, Rayner M. Hamilton and Edmund W. Pavenstedt, New York City, of counsel), for plaintiff-appellant.

Alan B. Morrison, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., Milton Sherman, Asst. U. S. Atty., Harry Marselli, David A. Wilson, Jr. and Grant W. Wiprud, Attys., Dept. of Justice, of counsel), for defendant-appellee.

Before FRIENDLY, Chief Judge, WATERMAN, Circuit Judge, and ZAVATT, District Judge.

FRIENDLY, Chief Judge:

In this action in the District Court for the Southern District of New York, United States Steel Corporation sought large refunds of federal income and excess profits taxes for 1950. The issue with respect to income tax involved solely a question of law concerning the respective rights of the lessor and the lessee of Minnesota iron mines to percentage depletion; it was decided adversely to U. S. Steel on the Government's motion for partial summary...

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