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PITTSBURGH COAL CO. v. BELL

Nos. 3150, 3153.

13 F.Supp. 37 (1935)

PITTSBURGH COAL CO. v. BELL, Acting Collector of Internal Revenue, et al. UNION COLLIERIES CO. v. SAME.

District Court, W. D. Pennsylvania.

December 20, 1935.

Attorney(s) appearing for the Case

Rose & Eichenauer, of Pittsburgh, Pa., for plaintiffs.

Horatio S. Dumbauld, U. S. Atty., and Orris Bennett, Sp. Asst. U. S. Atty., both of Pittsburgh, Pa., and John S. L. Yost, Sp. Asst. to Atty. Gen., of Washington, for defendants.

SCHOONMAKER, District Judge.

These cases came on to be heard on the motion of each plaintiff for a preliminary injunction to restrain the defendants, pending final determination of these causes, from collecting a certain so-called tax imposed upon the plaintiffs by the provisions of the Bituminous Coal Conservation Act of 1935 (15 U.S.C.A. § 801 et seq.) on the ground that said act is unconstitutional and void. The motions were based on the plaintiff's sworn...

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