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ELKHORN-HAZARD COAL CO. v. KENTUCKY RIVER COAL CORPORATION

No. 4659.

20 F.2d 67 (1927)

ELKHORN-HAZARD COAL CO. et al. v. KENTUCKY RIVER COAL CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

June 6, 1927.

Attorney(s) appearing for the Case

T. E. Moore, Jr., and H. C. Faulkner, both of Hazard, Ky. (W. A. Stanfill, of Hazard, Ky., on the brief), for appellants.

Jesse Morgan, of Hazard, Ky. (P. T. Wheeler, of Hazard, Ky., and John D. Carroll, of Frankfort, Ky., on the brief), for appellee.

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

WESTENHAVER, District Judge.

The appellee, Kentucky River Coal Corporation, brought this suit in equity to enjoin appellants from mining and removing coal from a tract of land owned by it, known as the Williams tract, situated in Letcher county, Ky., and to recover damages for the coal so removed. An injunction was granted as prayed, and damages assessed for the value of the coal at the mouth of the mine pit, as for a willful trespass. The defense was that appellants...

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