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ARREL v. GENTSCH

Civil Action No. 21330.

52 F.Supp. 635 (1943)

ARREL et al. v. GENTSCH, Collector of Internal Revenue.

District Court, N. D. Ohio, E. D.

September 30, 1943.

Attorney(s) appearing for the Case

Osborne Mitchell, of Mitchell & Mitchell, of Youngstown, Ohio, for plaintiffs.

Samuel O. Clark, Jr., Asst. Atty. Gen., E. E. Angevine and Andrew D. Sharpe, Sp. Assts. to Atty. Gen., Don C. Miller, U.S. Atty., and Francis B. Kavanagh, Asst. U.S. Atty., of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

This suit seeks recovery of $814.82 paid as income taxes for the calendar year 1937. It is submitted on the complaint, the answer, depositions of plaintiffs' witnesses, and exhibits of both parties. The questions presented are:

(1) Is the operation on the plaintiffs' property a limestone quarry or a mine within the meaning of Section 114(b) (2) of the Revenue Act of 1936?

(2) If the operation is a mine within the meaning of...

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