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STOWERS v. HUNTINGTON DEVELOPMENT & GAS CO.

No. 3636.

72 F.2d 969 (1934)

STOWERS et al. v. HUNTINGTON DEVELOPMENT & GAS CO.

Circuit Court of Appeals, Fourth Circuit.

October 2, 1934.

Attorney(s) appearing for the Case

W. T. Lovins, of Huntington, W. Va. (A. F. Morris, of Hamlin, W. Va., and R. W. Morris, of Huntington, W. Va., on the brief), for appellants.

Harold A. Ritz, of Charleston, W. Va. (W. C. W. Renshaw, of Huntington, W. Va., and B. J. Pettigrew, of Charleston, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

An action of ejectment was instituted in the District Court by Huntington Development & Gas Company, a corporation, against Matthias Stowers, J. E. Stowers, and the board of education of Union district, Lincoln county, W. Va., which involved title to the minerals underlying a tract of land of 150 acres on Sycamore creek in said district. The case was submitted to the court upon an agreed statement of facts, without the intervention of a jury...

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