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WILLIAMS POCAHONTAS COAL CO. v. BERWIND LAND CO.

No. 3787.

76 F.2d 319 (1935)

WILLIAMS POCAHONTAS COAL CO. v. BERWIND LAND CO.

Circuit Court of Appeals, Fourth Circuit.

April 2, 1935.

Attorney(s) appearing for the Case

J. Randolph Tucker, of Welch, W. Va. (Joseph M. Crockett and Charles A. Tutwiler, both of Welch, W. Va., on the brief), for appellant.

John Wehrle and P. H. Murphy, both of Charleston, W. Va., for appellee.

Before NORTHCOTT and SOPER, Circuit Judges, and GLENN, District Judge.

NORTHCOTT, Circuit Judge.

This is a suit in equity brought in the District Court of the United States for the Southern District of West Virginia, in December, 1932, by the appellee, hereinafter referred to as the plaintiff, against the appellant, hereinafter referred to as the defendant. Evidence was taken and in June, 1934, the court below entered a decree in favor of the plaintiff from which decree this appeal was brought.

The facts as found by the judge...

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