UNITED FUEL GAS CO. v. DYER

No. 6119.

185 F.2d 99 (1950)

UNITED FUEL GAS CO. v. DYER et al.

United States Court of Appeals Fourth Circuit.

Decided November 8, 1950.


Attorney(s) appearing for the Case

Claude E. Goodwin and William C. Battle, Charleston, W. Va. (J. M. Harper, Spencer, W. Va., and Bernard J. Pettigrew, Charleston, W. Va., on brief) for appellant.

A. G. Stone, Charleston, W. Va. (Donald O. Blagg, Paul N. Bowles, and Rummel, Blagg & Stone, all of Charleston, W. Va., on brief) for appellees.

Before PARKER, Chief Judge and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal from a judgment for plaintiffs in a suit for a declaratory judgment to the effect that plaintiffs are the owners of the mineral interests underlying a tract of land in West Virginia and for the cancellation as a cloud upon title of a deed from defendant's predecessors in title severing the mineral interests and conveying the surface interests to another. The case was heard without a jury and there is no dispute as to the controlling...

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