Sunshine Anthracite Coal Co. v. Adkins, Collector of Internal Revenue

WOODROUGH, Circuit Judge.

This case has been submitted to the three-judge court on the motion of the plaintiff to strike out those parts of the defendant’s answer and supplemental answer which set forth the proceedings of the National Bituminous Coal Commission in which it was determined by the Commission that the underlying coal in certain counties of Arkansas, including the coal *127produced by the plaintiff, is bituminous coal within the meaning of the Bituminous Coal Act of April 26, 1937, 15 U.S.C.A. § 828 et seq., and that the plaintiff is not entitled to exemption from the operation and…