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DIXSON v. C. & G. EXCAVATING, INC.

77-449.

364 So.2d 1160 (1978)

Rufus and Mabel DIXSON v. C. & G. EXCAVATING, INC., a corporation.

Supreme Court of Alabama.

December 1, 1978.

Attorney(s) appearing for the Case

W. D. Scruggs, Jr. of Scruggs, Rains & Wilson, Fort Payne, for appellants.

Stuart M. Rosenblum, Henagar, and W. M. Beck, Sr., Fort Payne, for appellee.

BLOODWORTH, Justice.

This is an appeal from a judgment denying cancellation of a mineral lease in a suit brought by the landowners, the Dixsons. We affirm.

On October 8, 1974, the Dixsons (husband and wife) entered into an agreement with C. & G. Excavating, Inc., entitled "Option to Lease and Lease." This agreement allowed C. & G. to strip mine coal from 100 acres of the Dixsons' land for five years, with an option to renew for five years, in exchange...

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