FORD, Chief Judge.
The plaintiffs seek to recover amounts alleged to be due them from defendant on account of minimum royalties under a coal mining lease of October 3, 1938. Title to the lands embraced in the lease and all rights of the lessors thereunder were acquired by the plaintiffs on April 11, 1940.
The lease granted to the defendant the sole and exclusive right of mining and removing "all of the mineable and merchantable coal in, upon and under" a large...
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