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MIDWEST FUEL & TIMBER CO. v. WEST

No. 1808.

106 F.2d 973 (1939)

MIDWEST FUEL & TIMBER CO. v. WEST.

Circuit Court of Appeals, Tenth Circuit.

October 24, 1939.

Attorney(s) appearing for the Case

Albert E. Zarlengo, of Denver, Colo. (Anthony F. Zarlengo, of Denver, Colo., on the brief), for appellant.

Cass M. Herrington, of Denver, Colo. (G. Walter Bowman, of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON Circuit Judge.

This appeal brings under review an order made in a bankruptcy proceeding. The Midwest Fuel and Timber Company, hereinafter called petitioner, owns certain coal mining property in Weld County, Colorado. By written instrument, the property was leased to two individuals for a period of twenty years. The lease provided for the mining of coal and the monthly payment of specified royalties and rentals. Section 11 provided that the lessees should obtain...

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