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STEWART v. HUNTINGTON DEVELOPMENT & GAS COMPANY

No. 3637.

71 F.2d 1016 (1934)

Allie STEWART, Appellant, v. HUNTINGTON DEVELOPMENT & GAS COMPANY, a Corporation, Appellee.

Circuit Court of Appeals, Fourth Circuit.

June 28, 1934.

Attorney(s) appearing for the Case

W. T. Lovins, of Huntington, W. Va., for appellant.

Harold A. Ritz, of Charleston, W. Va., W. C. W. Renshaw, of Huntington, W. Va., and B. J. Pettigrew, of Charleston, W. Va., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This action of ejectment involves the ownership of the minerals underlying a thirty-one acre tract of land situate in Lincoln county, W. Va. Upon the conclusion of all the testimony, the court below directed a verdict in favor of the appellee and from the judgment entered on the verdict the appellant prosecutes this appeal. The case has been before this court on two former occasions. 44 F.2d 119, rehearing denied in

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