HICKENLOOPER, Circuit Judge.
In the year 1920 the appellee, Providence Coal Mining Company, wrongfully mined certain coal underlying land belonging to one D. H. Cullen. This fact was not discovered until some time during 1921, and on December 22d of that year Cullen instituted an action against the appellee for damages caused by the removal. In due course this cause came to trial, and on April 28, 1922, a judgment for $9,000 was rendered covering not only the coal...
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