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ATLAS MILLING CO. v. JONES

No. 2053.

115 F.2d 61 (1940)

ATLAS MILLING CO. v. JONES, Collector of Internal Revenue.

Circuit Court of Appeals, Tenth Circuit.

On Rehearing October 14, 1940.

Attorney(s) appearing for the Case

Paul E. Bradley, of Joplin, Mo. (Chas. M. Grayston, of Joplin, Mo., on the brief), for appellant.

Louise Foster, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., on the brief), for appellee.

Tom F. Carey, Jr., aud Martha Lynne Carey, amici curiae.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

During the years 1917 to 1925, inclusive, the St. Louis Smelting and Refining Company carried on lead and zinc mining operations on a tract of land in Ottawa County, Oklahoma. The St. Louis Company carried on underground mining, brought mineral-bearing rock to the surface, crushed it to approximately one-half inch in size, and then ran it over gravity concentration machines which separated the lead and zinc concentrates from the rock. The...

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