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FORDSON COAL CO. v. KENTUCKY RIVER COAL CORPORATION

No. 6372.

69 F.2d 131 (1934)

FORDSON COAL CO. v. KENTUCKY RIVER COAL CORPORATION et al.

Circuit Court of Appeals, Sixth Circuit.

February 16, 1934.

Attorney(s) appearing for the Case

Cleon K. Calvert, of Pineville, Ky., for appellant.

P. T. Wheeler, of Hazard, Ky. (Jesse Morgan and J. E. Johnson, both of Hazard, Ky., and Astor Hogg, of Whitesburg, Ky., on the brief), for appellees.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The suit below, in which the appellant was plaintiff, was begun at law as an action for damages on an implied contract for the value of staves made from timber wrongfully cut from the plaintiff's land, the tort being waived. The plaintiff having contemporaneously filed a bill in equity against the Kentucky River Coal Corporation, one of the defendants, to restrain the cutting of timber upon the plaintiff's land, the law case was by agreement...

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