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UNITED STATES v. BRANCH COAL CORP.

April 8, 1968

UNITED STATES of America
v.
BRANCH COAL CORPORATION, a Pennsylvania corporation



The opinion of the court was delivered by: HIGGINBOTHAM

 I.

 FINDINGS OF FACT

 1. Plaintiff in this action is the United States of America.

 2. Defendant in this action is the Branch Coal Corporation, a Pennsylvania corporation.

 3. On October 29, 1965, the United States Marshal for the Eastern District of Pennsylvania exposed at public sale the real and personal property owned by the defendant, Branch Coal Corporation, situate in Branch Township, Schuylkill County, Pennsylvania, in furtherance of the objectives and Orders of the Court. (These orders have been upheld by the Court of Appeals for the Third Circuit. United States of America v. Branch Coal Corporation, 390 F.2d 7 (3rd Cir., 1968).)

 4. Plaintiff has filed a petition to fix the fair market value of the real and personal property of the Branch Coal Corporation situate in Branch Township, Schuylkill County, Pennsylvania, aforesaid.

 5. At the United States Marshal's sale on October 29, the aforesaid property was sold to the Small Business Administration, an agency of the United States of America, as the highest bidder, for a price of $25,000.00, said sale being confirmed by the Court on November 10, 1965.

 6. Witness, Carl G. Shilbe, called by the plaintiff, is qualified to render a competent opinion as to the value of the coal breaker - being the machinery, buildings and land whose value is here in question.

 7. Witness, Joseph P. McAtee, called by the plaintiff, is qualified to render a competent opinion as to the value of the coal breaker - being the machinery, buildings and land whose value is here in question.

 8. Witness, Carl G. Shilbe, has had many years experience, both prior to and subsequent to October, 1965, in the coal business in and around the area of Branch Township, Schuylkill County, Pennsylvania. He has sold coal mining and building equipment, been part owner of his own coal company and has consulted on the value of coal breakers in the past. He was familiar with the economic conditions and with the number and conditions of other coal breakers - both active and idle - in the area.

 9. Witness, Joseph P. McAtee, made an extensive investigation of the value of land in the area including the price paid for varying kinds of land recently sold. He also consulted with the realtors in the area and with representatives of an engineering firm which had done a survey of all of the coal breakers in Schuylkill County. He was familiar with the economic conditions and with the conditions in the coal business in the area.

 11. Witness, Thomas G. Gordon, called by defendant is qualified as a real estate appraiser, he has appraised property in and around the Philadelphia area for numerous public and private agencies for over 25 years.

 12. The coal breaker, whose value is here in question was inoperative in October, 1965, and had been so, without preventive maintenance for ...


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