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AMHERST COAL COMPANY v. UNITED STATES

Civ. A. Nos. 2604-2606.

295 F.Supp. 421 (1969)

AMHERST COAL COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant. AMHERST INDUSTRIES, INC., a corporation, Plaintiff, v. UNITED STATES of America, Defendant. AMHERST FUEL COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. West Virginia, Charleston Division.

January 20, 1969.

Attorney(s) appearing for the Case

Thomas N. Chambers, Homer A. Holt, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for plaintiffs.

Myron C. Baum, G. A. Hrdlicka and Herbert Odell, Dept. of Justice, Washington, D. C., and Milton J. Ferguson, U. S. Atty., Charleston, W. Va., for defendant.

OPINION

FIELD, Chief Judge.

These three actions, to some degree, involve common questions of law and fact, and were consolidated for trial and decision. Jurisdiction is conferred by Title 28, U.S.C.A. § 1346(a) (1), and is unchallenged by the Government.

In Civil Action No. 2604, Amherst Coal Company seeks to recover the sum of $741,450.31, representing an alleged overpayment of Federal income taxes and interest thereon for the years 1953 through...

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