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  5. 946 F.Supp. 1310 (1996)
 

HOLMES LIMESTONE CO. v. U.S.

Nos. 5:93 CV 1622; 5:93 CV 1623; 5:93 CV 1624 and 5:93 CV 1625.

946 F.Supp. 1310 (1996)

HOLMES LIMESTONE COMPANY, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Ohio, Eastern Division.

November 13, 1996.

Attorney(s) appearing for the Case

Mark J. Skakun, III, David J. Lewis, David L. Drechsler, Buckingham, Doolittle & Burroughs, Akron, OH, for Holmes Limestone Company.

Stephen A. Sherman, Department of Justice, Washington, DC, James L. Bickett, Office of the U.S. Attorney, Akron, OH, George P. Eliopoulos, Department of Justice, Tax Division, Washington, DC, for defendant.

MEMORANDUM AND OPINION

SAM H. BELL, District Judge.

The instant matter consists of several consolidated causes brought for refund of overpaid coal excise taxes paid by the various Plaintiffs (Holmes Limestone Company, Rodco, Inc., G & M Mineral Company, and L & M Mineral Company) pursuant to 26 U.S.C. Section 4121, and one cause brought to challenge the appropriateness of a fraud penalty assessed...

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