LEHIGH VALLEY COAL CO. v. DORRANCE

No. 6101.

88 F.2d 334 (1937)

LEHIGH VALLEY COAL CO. v. DORRANCE et al.

Circuit Court of Appeals, Third Circuit.

February 11, 1937.


Attorney(s) appearing for the Case

Reese Harris, of Scranton, Pa., and P. F. O'Neill, of Wilkes-Barre, Pa., for appellant.

Wm. J. Fitzgerald and Ralph W. Rymer, both of Scranton, Pa., for appellees.

Before BUFFINGTON and THOMPSON, Circuit Judges, and WELSH, District Judge.


BUFFINGTON, Circuit Judge.

In this case the receivers of the Temple Coal Company (hereafter called Temple), brought suit against the Lehigh Valley Coal Company (hereafter styled Lehigh), to recover royalties claimed to be due under a lease known as the Babylon lease, in which Temple was lessor and Lehigh lessee. By stipulation, the case was tried without a jury, and as Lehigh admitted by its affidavit of defense that it owed Temple $2,516.07 for coal actually mined...

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