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BIG SANDY CO. v. ROBINSON

No. 4813.

19 F.2d 267 (1927)

BIG SANDY CO. v. ROBINSON. In re KENTUCKY ELKHORN COAL CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1927.

Attorney(s) appearing for the Case

J. J. Moore, of Pikeville, Ky., for appellant.

O. T. Hinton, of Pikeville, Ky. (Johnson, Auxier & Hinton, of Pikeville, Ky., on the brief), for appellee.

Before DENISON and MOORMAN, Circuit Judges, and WESTENHAVER, District Judge.

PER CURIAM.

Appellant leased to the Kentucky Elkhorn Coal Corporation, April 1, 1923, some coal lands in Pike county, Kentucky. The latter company was adjudged a bankrupt June 24, 1926, and appellant filed its petition July 19, 1926, in the District Court, asking a forfeiture of the leasehold as against the trustee of the bankrupt under a clause in the lease as follows: "And the continuance of a receiver in charge of the lessee...

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