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READE v. BROOKS

Nos. 13753, 13754.

174 F.2d 624 (1949)

READE v. BROOKS et al. BROOKS et al. v. READE.

United States Court of Appeals Eighth Circuit.

May 13, 1949.

Attorney(s) appearing for the Case

Joseph R. Brown, of Kansas City, Mo. (Wm. E. Davis, of Kansas City, Mo., on the brief), for William Brooks and Fannie E. Brooks.

Thurman L. McCormick, of Kansas City, Mo. (Leo T. Schwartz, and N. R. Fischer, both of Kansas City, Mo., on the brief), for Charles H. Reade.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

The judgment from which these appeals were taken adjudicated controversies arising out of a coal mining lease of coal lands in Pope County, Arkansas, which was entered into on June 1, 1943, between William Brooks and Fannie E. Brooks, his wife, of Russellville, Arkansas, as lessors, and Charles H. Reade of Jersey City, New Jersey, as lessee. The term of the lease was fifteen years and it called for $1 per ton royalty on coal extracted and...

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