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TENNESSEE COAL, IRON & R. CO. v. BREWER

No. 8396.

92 F.2d 804 (1937)

TENNESSEE COAL, IRON & R. CO. v. BREWER et al.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1937.

Attorney(s) appearing for the Case

Augustus Benners and James R. Forman, both of Birmingham, Ala., for appellant.

W. H. Sadler, Jr., of Birmingham, Ala., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Tennessee Coal, Iron & Railroad Company brought statutory ejectment to recover the coal and other minerals under certain "sixteenth section" land in Alabama from Lena Brewer and R. Brewer, who had begun to mine them. At the conclusion of the plaintiff's evidence, the defendants offering none, a verdict was directed for the defendants. The propriety of that action is the question on this appeal.

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