McDERMOTT, Circuit Judge.
The trial court held that the coal mining lease in suit imposed upon appellant an obligation to pay a minimum royalty, or dead rental, during the term of the lease; and that the fact, also found by the trial court, that the coal had so far played out that mining operations could no longer be carried on at a profit, was no defense to this absolute obligation. The correctness of that decision is the only question on this appeal and it turns...
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