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ROCKY MOUNTAIN FUEL CO. v. WHITESIDE

No. 1939.

110 F.2d 778 (1940)

ROCKY MOUNTAIN FUEL CO. v. WHITESIDE.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 15, 1940.

Attorney(s) appearing for the Case

Albert L. Vogl, of Denver, Colo. (Frank A. Wachob, of Denver, Colo., on the brief), for appellant.

G. Walter Bowman and Cass M. Herrington, both of Denver, Colo., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

By a written lease entered into on February 27, 1936, the Rocky Mountain Fuel Company1 sublet to Standard Coal Mine, Inc.,2 certain coal mining properties for a term of 15 years.

Paragraph 3 of the lease, in part, reads as follows: "Lessee hereby undertakes and agrees to occupy and hold hereunder, for the full term aforesaid, unless * * * sooner terminated pursuant to any of...

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