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CHURCH AND MULLINS v. BETHLEHEM MINERALS

Nos. 90-SC-000081-DG, 90-SC-000784-DG.

887 S.W.2d 321 (1992)

CHURCH AND MULLINS CORPORATION; Claude Johnson, Individually, etc.; Charlie Johnson; Jack Johnson; Martha Kendrick; Priscilla Stiltner; Hazel Johnson; Ben Johnson; Molly Thornberry; Betty Jane Johnson Stewart, Movants/Cross-Respondents, v. BETHLEHEM MINERALS COMPANY; Bethlehem Mines Corporation; Beth-Elkhorn Corporation; Beth Energy Mines, Inc., Respondents/Cross-Movants.

Supreme Court of Kentucky.

Rehearing Denied November 23, 1994.

Attorney(s) appearing for the Case

Herman W. Lester, Pikeville, Gilbert K. Davis, Vienna, Va., Gary C. Johnson, Pikeville, S. Strother Smith, II, Abington, VA, for movants/cross-respondents.

John A. Bartlett, Joseph L. Hamilton, Thomas E. Meng, Lively M. Wilson, Stites & Harbison, Louisville, John M. Stephens, Stephens, Thomas & Hunt, Pikeville, for respondents/cross-movants.

JOHN DOUG HAYS, Special Justice.

This case involves two judgments of the Pike Circuit Court regarding several separate parcels of property located in Pike County, Kentucky, but known collectively throughout this litigation as Tract 42. The first judgment determined title to the property, and the second awarded damages for trespass.

This action commenced when Bethlehem Mines, hereafter Bethlehem, filed a complaint against John Johnson, claiming title to the...

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