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HOSPELHORN v. CIRCLE CITY COAL CO.

No. 8463.

117 F.2d 166 (1941)

HOSPELHORN v. CIRCLE CITY COAL CO.

Circuit Court of Appeals, Sixth Circuit.

January 17, 1941.

Attorney(s) appearing for the Case

Frank M. Drake, of Louisville, Ky. (George W. Norton, Jr., Hubert T. Willis, F. M. Drake, and Crawford, Middleton, Milner & Seelbach, all of Louisville, Ky., on the brief), for appellants.

Earle M. Nichols, of Madisonville, Ky., (Earle M. Nichols and Abner Johnston, Jr., both of Madisonville, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Appeal from a judgment in favor of Circle City Coal Company, an intervening petitioner in a receivership action instituted against the Norton Coal Company. Appellee in 1927 leased certain coal properties to the Nebo Coal Company. The lease was for a period of twenty years, and by its terms the lessee agreed to mine the upper stratum of coal by the strip method, and to pay the lessor as royalty ten cents per ton for each ton so mined, and to pay...

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