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MARTINS FORK COAL CO. v. HARLAN-WALLINS COAL CORP.

No. 6939.

83 F.2d 967 (1936)

MARTINS FORK COAL CO. v. HARLAN-WALLINS COAL CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

May 6, 1936.

Attorney(s) appearing for the Case

H. C. Gillis, of Williamsburg, Ky. (Tye, Siler, Gillis & Siler, of Williamsburg, Ky., and H. H. Fuson, and J. B. Snyder, both of Harlan, Ky., on the brief), for appellant.

Cleon K. Calvert, of Pineville, Ky. (F. A. Berry, of Nashville, Tenn., on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

A bill in equity was filed by the appellant to restrain waste and for damages for injury and destruction to property in the operation of a coal mine on appellant's property by the appellee under lease. The case was tried by the late Judge Cochran, who in an exhaustive opinion analyzed the evidence and applied thereto the legal principles which persuaded him that the appellant had failed to make a case...

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