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WHITEHALL CEMENT MANUFACTURING COMPANY v. UNITED STATES

Civ. A. No. 25310.

242 F.Supp. 326 (1965)

The WHITEHALL CEMENT MANUFACTURING COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Pennsylvania.

May 26, 1965.

Attorney(s) appearing for the Case

George Craven, Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiff Whitehall Cement Mfg. Co.

John B. Leake, Philadelphia, Pa., for Allentown Portland Cement Co.

Drew J. T. O'Keefe, U. S. Atty., Francis R. Crumlish, Asst. U. S. Atty., Philadelphia, Pa., Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Thomas F. Field, Attys., Dept. of Justice, Washington, D. C., for defendant.

GRIM, District Judge.

Plaintiff in this tax refund case asks the court to grant a reargument on the of the issues resolved against it in the court's opinion filed January 25, 1965.

In that opinion, 237 F.Supp. 838, it was decided that in computing taxpayer's depletion allowance for the mining of cement rock, an allocation had to be made between those costs and profits properly attributable to the mining of cement rock...

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