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BROWN v. HARVEY COAL CORPORATION

No. 1096.

49 F.2d 434 (1931)

BROWN et al. v. HARVEY COAL CORPORATION et al.

District Court, E. D. Kentucky.

March 26, 1931.

Attorney(s) appearing for the Case

Bailey P. Wootton, of Hazard, Ky., and Todd & Beard, of Shelbyville, Ky., for plaintiff.

Jesse Morgan and P. T. Wheeler, both of Hazard, Ky., for defendants.

ANDREW M. J. COCHRAN, District Judge.

This is an action of ejectment submitted to me for trial and judgment; a jury being waived. The land sought to be recovered is situated on the waters of First and Lost creeks in Perry county in this district, and contains 23.03 acres. It is, or rather was, valuable coal land, and the petition seeks to recover also $253,000 damages for entering thereon and removing coal therefrom.

The petition does not set forth the plaintiffs...

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