James River Hydrate and Supply Company, Incorporated v. United States

HAYNSWORTH, Circuit Judge.

In this action for a refund of income' taxes paid, the question is whether the-product of the plaintiff’s quarry is-“metallurgical grade limestone” within; the meaning of § 114(b) (4) (A) (iii)> of the Internal Revenue Code of 1939 and thus entitled to a fifteen per cent depletion rate. 1 The District Court in a comprehensive opiixion held that it was. 2 We affirm for the reasons stated by the District Judge and need add little here to what was there said.

The product of the plaintiff’s quarry is. dolomite of a very high grade and quality. It consists of something…