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LEHIGH PORTLAND CEMENT CO. v. UNITED STATES

Civ. A. No. CA 76-738.

433 F.Supp. 639 (1977)

LEHIGH PORTLAND CEMENT COMPANY v. UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

June 27, 1977.

Attorney(s) appearing for the Case

Jack B. Justice, Philadelphia, Pa., for plaintiff.

David W. Marston, U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Plaintiff is seeking, pursuant to 28 U.S.C. § 1346(a), to recover $1,550,000.00 in federal income taxes. The facts are not in dispute. Plaintiff is engaged in the business of mining calcium carbonates from property it owns and using said materials in the manufacture of Portland cements. On December 31, 1963, plaintiff conveyed to BMAL Corporation (BMAL) three separate Calcium Carbonate Production Payments...

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