National Lime & Stone Co. v. United States

OPINION

DON J. YOUNG, District Judge.

This action, which has been in this Court for many years, is now again before the Court after the judgment entered on March 4, 1966, was reversed by the Court of Appeals, 6 Cir., 384 F.2d 381, and the cause remanded for further proceedings in accordance with its opinion.

It is the contention of the plaintiff that these proceedings should consist of multiplying the figures which were used as the basis of the order appealed from by the higher depletion rate allowed by the Court of Appeals, and rendering a judgment in its favor for the amount thus arrived at.

The…