FLOYD COUNTY v. WEST VIRGINIA-KENTUCKY HARDWARE & S. CO.

No. 5889.

59 F.2d 895 (1932)

FLOYD COUNTY, KY. v. WEST VIRGINIA-KENTUCKY HARDWARE & SUPPLY CO. et al.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1932.


Attorney(s) appearing for the Case

A. J. May, of Prestonsburg, Ky. (Joe P. Tackett, of Prestonsburg, Ky., on the brief), for appellant.

B. F. Combs, of Prestonsburg, Ky., and S. L. Blakely, of Covington, Ky. (Combs & Combs, of Prestonsburg, Ky., and Stephens L. Blakely, of Covington, Ky., on the brief), for appellees.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKS, Circuit Judge.

Floyd county appeals from a decree against it in favor of N. M. White, receiver of Winchester Coal Company, in the sum of $22,000.

On December 7, 1920, D. B. Leslie and wife leased certain premises lying along the Big Sandy river in Floyd county, Ky., to W. D. Judy, Jr., for coal mining purposes. On June 1, 1921, this lease was assigned to the Winchester Coal Company. It contained the following clause, to wit: "* * * and the lessors excludes...

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