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NEVADA R. & S. CO. v. UNITED STATES DEPT. OF TREASURY I.R.S.

Civ. No. LV-1566.

376 F.Supp. 161 (1974)

NEVADA ROCK AND SAND COMPANY, a Nevada corporation, Plaintiff, v. The UNITED STATES of America, DEPARTMENT OF the TREASURY INTERNAL REVENUE SERVICE, et al., Defendants.

United States District Court, D. Nevada.

April 30, 1974.

Attorney(s) appearing for the Case

Albright & McGimsey, Las Vegas, Nev., for plaintiff.

V. DeVoe Heaton, U.S. Atty., Las Vegas, Nev., for defendants.

OPINION

ROGER D. FOLEY, Chief Judge.

FACTS

This interpleader action was brought by Nevada Rock and Sand Company (NRSC) under the provisions of 28 U. S.C. §§ 1335, 1340 and § 7402 of the 1954 Internal Revenue Code. The facts, as developed by the pretrial order and stipulations of counsel at the trial, are undisputed:

On July 6, 1970, defendant Coop Oil Products, Inc. (COOP) assigned to defendant-claimant Witco Chemical Corporation...

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