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GILBERTON CONTRACTING COMPANY v. HOOK

Civ. A. Nos. 25474, 26079, 27696.

255 F.Supp. 687 (1966)

GILBERTON CONTRACTING COMPANY, Inc., v. Kenneth O. HOOK, District Director of Internal Revenue UNITED STATES of America v. The RHOADS CO., Inc. UNITED STATES of America v. GILBERTON CONTRACTING CO., Inc., et al.

United States District Court E. D. Pennsylvania.

June 22, 1966.

Attorney(s) appearing for the Case

John J. Curran, Pottsville, Pa., La Brum & Doak, Lewis Weinstock, Joseph G. Manta, Philadelphia, Pa., for Gilberton Contracting Co., Inc.

Drew J. T. O'Keefe, U. S. Atty., Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., David H. Hopkins, Jr., Attorney, Tax Division, Department of Justice, Washington, D. C., for District Director of Internal Revenue and United States of America.

Israel T. Klapper, George I. Puhak, Joseph J. Ustynoski, Hazleton, Pa., for Park Trent Coal Co., Inc.

Raymond L. Brennan, Harrisburg, Pa., for Rhoads Co., Inc.

OPINION

KRAFT, District Judge.

The gravamen of these three actions is the disputed ownership of a large deposit of silt on the surface of a 65.9 acre tract of land in Mahanoy Township, Schuylkill County, Pennsylvania. The tract is presently owned by Gilberton Contracting Company, Inc. (Gilberton), which instituted its action (C.A. 25474) against the District Director of Internal Revenue to compel a release of certain Government tax liens affecting the land...

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