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CUSHING STONE CO., INC. v. UNITED STATES

No. 419-70.

535 F.2d 27 (1976)

CUSHING STONE COMPANY, INC. v. The UNITED STATES.

United States Court of Claims.

May 12, 1976.

Attorney(s) appearing for the Case

C. J. Head, New York City, atty. of record, for plaintiff; Hays, Landsman & Head, New York City, of counsel.

Gilbert W. Rubloff, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, Washington, D. C., for defendant; Theodore D. Peyser, Jr., and Donald H. Olson, Washington, D. C., of counsel.

William D. Crampton, St. Louis, Mo., for the National Coal Ass'n, amicus curiae; Robert F. Stauffer, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges, en banc.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

COWEN, Chief Judge.

This case, before the court on the parties' respective motions for summary judgment, requires us to determine whether certain expenditures incurred by a quarry operator for the removal and relocation of power transmission towers and lines located on a utility strip traversing the quarry property are "development" expenditures within the meaning of Section 616(a) of...

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