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ELK HORN COAL CORPORATION v. HACKWORTH

No. 6017.

61 F.2d 304 (1932)

ELK HORN COAL CORPORATION v. HACKWORTH.

Circuit Court of Appeals, Sixth Circuit.

October 14, 1932.

Attorney(s) appearing for the Case

Edward C. O'Rear, of Frankfort, Ky., J. Woodford Howard, of Prestonsburg, Ky., and Allen Prewitt, of Frankfort, Ky., for appellant.

A. B. Combs, of Prestonsburg, Ky., for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

This is the second appearance of this case here. Appellee and his brothers, J. F. and N. H. Hackworth, owned a tract of 779 acres of land in Floyd county, Ky. On June 2, 1903, they leased the oil and gas therein to G. H. Dimick and subsequently but on the same occasion they executed to Duncan Coal & Iron Company an "Agreement for Rights," wherein they agreed to convey to the Duncan Company "all the coal, minerals and mineral products,

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