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AMERICAN COAL CO. v. DE WESE

No. 2765.

30 F.2d 349 (1929)

AMERICAN COAL CO. OF ALLEGANY COUNTY v. DE WESE et al.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1929.

Attorney(s) appearing for the Case

George Richardson, Jr., of Bluefield, W. Va., for appellant.

Russell S. Ritz, of Bluefield, W. Va. (John R. Pendleton, of Princeton, W. Va., on the brief), for appellees.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

NORTHCOTT, Circuit Judge.

The appellant is a New Jersey corporation duly authorized to do business in the state of West Virginia. It owns certain leaseholds in Mercer county, W. Va., acquired in the year 1922, by deed of conveyance from American Coal Company of Allegany County, a West Virginia corporation. The two companies had the same superintendent, tipple foreman, and other officers. The company carried on a coal mining operation in said county, and as

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