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SUNSHINE ANTHRACITE COAL CO. v. ADKINS

No. 2949.

31 F.Supp. 125 (1940)

SUNSHINE ANTHRACITE COAL CO. v. ADKINS, Collector of Internal Revenue.

District Court, E. D. Arkansas, W. D.

January 8, 1940.

Attorney(s) appearing for the Case

Adamson, Blair & Adamson, of Terre Haute, Ind., and G. O. Patterson, of Clarksville, Ark., for plaintiff.

Sam Rorex, U. S. Atty., and Leon B. Catlett, Asst. U. S. Attorney, both of Little Rock, Ark., and Robert Sher and Harold Leventhal, Asst. Attys. Gen., for defendant.

Harper & Harper, of Fort Smith, Ark., for District 14 of National Bituminous Coal Commission.

Before WOODROUGH, Circuit Judge, and TRIMBLE and LEMLEY, District Judges.

WOODROUGH, Circuit Judge.

This case has been submitted to the three-judge court on the motion of the plaintiff to strike out those parts of the defendant's answer and supplemental answer which set forth the proceedings of the National Bituminous Coal Commission in which it was determined by the Commission that the underlying coal in certain counties of Arkansas, including the coal produced by the plaintiff, is bituminous...

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