BRYAN, Circuit Judge.
Appellants leased certain coal bearing land for the purpose of mining and removing all coal therefrom for 20 years from January 1, 1910, or until "all coal under such lands shall have been mined." The lessees agreed to pay the lessors a royalty of 8 cents per ton for all merchantable coal actually mined, and for a minimum of 2,500 tons per month, after the first year, whether mined or not.
The lease was assignable and coal was mined upon...
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