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COWLING v. DEEP VEIN COAL CO.

No. 10024.

183 F.2d 652 (1950)

COWLING v. DEEP VEIN COAL CO., Inc.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 17, 1950.

Attorney(s) appearing for the Case

Joe Vol Butt, James M. Buthod, Evansville, Indiana, S. Hugh Dillin, Petersburg, Indiana, Dillin & Dillin, Petersburg, Indiana, for plaintiffs-appellants.

Benjamin G. Cox, Terre Haute, Indiana, Charles C. Whitlock, Terre Haute, Indiana, Gerald E. Hall, Princeton, Indiana, Gambill, Dudley & Cox, Terre Haute, Indiana, for defendant-appellee Deep Vein Coal Co., Inc.

Before KERNER, DUFFY and LINDLEY, Circuit Judges.

DUFFY, Circuit Judge.

Defendant Deep Vein Coal Company, Inc., (hereinafter referred to as "Deep Vein"), moved for a summary judgment assigning five reasons for such motion. The trial judge granted the motion without indicating the basis for his action. From a judgment entered in favor of Deep Vein plaintiffs bring this appeal.

Plaintiffs, claiming to own fractional undivided interests in the oil and gas under certain lands in Gibson County, Indiana, brought...

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