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PIONEER COAL COMPANY v. WARD

No. 9856.

146 F.2d 491 (1945)

PIONEER COAL COMPANY, Appellant, v. Mrs. Stanford WARD et al., Appellees.

Circuit Court of Appeals, Sixth Circuit.

January 15, 1945.

Attorney(s) appearing for the Case

Cleon K. Calvert, of Pineville, Ky., for appellant.

Logan E. Patterson, of Pineville, Ky. (W. T. Davis and Logan E. Patterson, both of Pineville, Ky., on the brief), for appellees.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

PER CURIAM.

The appeal in this action in ejectment, determinable under Kentucky law, has been duly considered upon the record, the oral arguments, briefs and authorities submitted by attorneys, and upon the opinion of the District Court for the Eastern District of Kentucky, published in Pioneer Coal Co. v. Ward, D. C., 55 F.Supp. 625.

The conclusion has been reached that the motion to dismiss made by appellees, defendants...

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