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THOMAS v. SPRUKS

No. 6241.

89 F.2d 998 (1937)

THOMAS et al. v. SPRUKS.

Circuit Court of Appeals, Third Circuit.

May 6, 1937.

Attorney(s) appearing for the Case

J. A. Welsh, of Shamokin, Pa., A. Allen Woodruff, of Philadelphia, Pa., and Penrose Hertzler, of Pottsville, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellants.

George W. Morrow and Ralph W. Rymer, both of Scranton, Pa., for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case it appears that the Philadelphia & Reading Coal & Iron Company and the Fulton Coal Company owned the anthracite coal mining land here involved and leased the same to the Northumberland Mining Company on a coal royalty per ton for all coal "mined and shipped from the Fulton lands and that may be taken and shipped from the Enterprise culm banks or sold upon the demised premises." It further provided the lessee each...

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