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FORD ELKHORN MINING CO. v. MULLINS

No. 4058.

2 F.2d 717 (1924)

FORD ELKHORN MINING CO. v. MULLINS et al.

Circuit Court of Appeals, Sixth Circuit.

November 14, 1924.

Attorney(s) appearing for the Case

J. J. Moore, of Pikeville, Ky., for plaintiff in error.

E. J. Picklesimer, of Pikeville, Ky. (Picklesimer & Steele, of Pikeville, Ky., on the brief), for defendants in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

PER CURIAM.

Through lack of proper timbering, the roof of the mine where they were working so collapsed that Mullins Bros. were unable to continue their contract with the mining company, by which they were to receive a ton price for removing the pillars in No. 2 mine and delivering the coal on track above ground. They were to set the timbers; the company was to furnish them. They had judgment in this suit for their damages for the loss of their contract. The substantial...

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