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CARLSON v. ASHER COAL MINING CO.

No. 10620.

172 F.2d 243 (1949)

CARLSON et al. v. ASHER COAL MINING CO.

United States Court of Appeals Sixth Circuit.

February 14, 1949.

Attorney(s) appearing for the Case

Cleon K. Calvert, of Pineville, Ky., and Charles I. Dawson, of Louisville, Ky. (Cleon K. Calvert, of Pineville, Ky., Chas. I. Dawson (of Bullitt, Dawson & Tarrant), of Louisville, Ky., Claude P. Stephens, of Lexington, and Glenn H. Stephens, of Williamsburg, Ky., on the brief), for appellants.

E. B. Wilson and W. R. Lay, both of Pineville, Ky. (E. B. Wilson, Golden & Lay, all of Pineville, Ky., on the brief), for appellee.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of an action in ejectment involving two parcels of land, one of 10 acres and one of 90 acres, situated in Bell County, Kentucky, on the Big Camp Branch of the Left Fork of Straight Creek of the Cumberland River. An answer, consisting of a general denial and also a counterclaim, was filed, praying that title be quieted to the real property in question. The case was tried without the intervention of a jury, and the court...

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