St. Joseph Lead Company v. United States

HAYS, Circuit Judge.

This action was brought by St. Joseph Lead Company for refund of an overpayment of Federal income taxes for the year 1949. The government appeals from an order of the District Court granting St. Joseph’s motion for summary judgment. 1 We affirm.

Appellee, a New York corporation, owned and operated several lead mining properties in Missouri. The major part of its product was derived from newly mined ore. A much smaller amount came from so-called “chat” which is ore from which some but not all of the lead content has already been extracted. This processed ore or chat is kept…