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CHICAGO, WILMINGTON & FRANKLIN COAL CO. v. HERR

No. 7889.

127 F.2d 1010 (1942)

CHICAGO, WILMINGTON & FRANKLIN COAL CO. et al. v. HERR et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 9, 1942.

Attorney(s) appearing for the Case

Hugh V. Murray, Jr., of Centralia, Ill., and Matthew E. Murray, of Benton, Ill., and Lester R. Carlson, of Centralia, Ill., for appellants.

Thurlow G. Essington, of Chicago, Ill., Roy C. Martin and Carter Harrison, both of Benton, Ill., Chas. E. Feirich, of Carbondale, Ill., J. G. Van Keuren and Calvin A. Brown, both of Duquoin, Ill., Hamilton K. Beebe, of Chicago, Ill., and John K. Feirich, of Carbondale, Ill., for appellees.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This is a companion case to Chicago, etc., Coal Company v. Minier et al., 7 Cir., 127 F.2d 1006, decided this day.

On June 30, 1905, and July 8, 1911, John H. Hill, who was the owner of the land here involved, executed and delivered to Walter W. Williams, trustee, two certain deeds, conveying to Williams all the coal, oil and gas in and under the land, together with the right to mine and remove said...

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