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KYCOGA LAND CO. v. KENTUCKY RIVER COAL CORPORATION

Nos. 8142, 8143.

110 F.2d 894 (1940)

KYCOGA LAND CO., Inc., v. KENTUCKY RIVER COAL CORPORATION. KENTUCKY RIVER COAL CORPORATION v. KYCOGA LAND CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

April 3, 1940.

Attorney(s) appearing for the Case

Buford C. Tynes, of Huntington, W. Va., and Joseph S. Graydon, of Cincinnati, Ohio (Joseph S. Graydon, Buford C. Tynes, and Ira M. Nickell, all of Ashland, Ky., and Maxwell & Ramsey, of Cincinnati, Ohio, on the brief), for Kycoga Land Co.

P. T. Wheeler, of Hazard, Ky., and Simeon S. Willis, of Ashland, Ky., for Kentucky River Coal Corporation.

Before SIMONS, ALLEN, and ARANT, Circuit Judges.

SIMONS, Circuit Judge.

The controversy culminating in these appeals was brought to the attention of the court below by the bill of the appellant to have its title quieted to the minerals lying under a tract of approximately 100 acres, in Knott County, Kentucky. The lands having been incorporated by metes and bounds description in a lease from the appellee to the Knott Coal Corporation engaged in mining coal over a large area covered by the lease, and the operations...

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