Court of Appeals for the Third Circuit December 6, 1926, No. 3397 (Toupet-Taylor Engineering Co. v. Red Dog Mfg. & Supply Co.)

BUFFINGTON, Circuit Judge.

This case concerns the making of brick and hollow tile from “red dog,” .a by-product of bituminous coal mining. In such operation great quantities of slate and other strata near the coal have to be mined in connection with the coal, by reason of the thinness of the coal vein.