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FEDERAL COAL CO. v. LIBERTY COAL & COKE CO.

No. 4856.

23 F.2d 674 (1928)

FEDERAL COAL CO. v. LIBERTY COAL & COKE CO.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1928.

Attorney(s) appearing for the Case

Charles C. Moore, of Chattanooga, Tenn., (N. R. Patterson, of Pineville, Ky., on the brief), for appellant.

James Pendleton Helm, of Louisville, Ky. (James H. Jeffries, of Pineville, Ky., and Trabue, Doolan, Helm & Helm, of Louisville, Ky., on the brief), for appellee.

Before MACK and MOORMAN, Circuit Judges, and MOINET, District Judge.

MOORMAN, Circuit Judge.

Plaintiff was a Virginia corporation and the defendant a Delaware corporation. The bill alleged that plaintiff was the owner of 174 acres of land, from which defendant had wrongfully removed coal and timber. The prayer was for a decree enjoining defendant from committing further acts of trespass, and for a judgment for the value of the coal and timber that had been taken. The defendant moved to dismiss the bill for want of jurisdiction, and...

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