CARTER COAL CO. v. LITZ

No. 5170.

140 F.2d 934 (1944)

CARTER COAL CO. v. LITZ et al.

Circuit Court of Appeals, Fourth Circuit.

January 6, 1944.


Attorney(s) appearing for the Case

W. P. Hazlegrove, of Roanoke, Va., and Herbert J. Jacobi, of New York City, for appellant.

E. L. Hogsett, of Huntington, W. Va., for appellees.

Before SOPER and DOBIE, Circuit Judges, and WARING, District Judge.


DOBIE, Circuit Judge.

Carter Coal Company (hereinafter called Carter) instituted, in the United States District Court for the Western District of Virginia, a civil action against A. Z. Litz, Jr., and others (hereinafter collectively called Litz). Carter, as vendee, sought (among other forms of relief) against Litz, as vendors, the cancellation of a contract (at least partially performed) of sale of underwater seams of coal in a tract of land of 2,400 acres in McDowell...

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