KENTUCKY & WEST VIRGINIA C. & M. CO. v. BLUE DIAMOND C. CO.

No. 591.

106 F.Supp. 274 (1952)

KENTUCKY & WEST VIRGINIA COAL & MINING CO. v. BLUE DIAMOND COAL CO.

United States District Court E. D. Kentucky, London.

July 31, 1952.


Attorney(s) appearing for the Case

Henry T. Duncan, Jr., Allen, Duncan, Duncan & Arnold, Lexington, Ky., for plaintiff.

Logan E. Patterson, James S. Wilson, Pineville, Ky., James Sampson, Harlan, Ky., for defendant.


FORD, Chief Judge.

Pursuant to sections 2201 and 2202 of Title 28 U.S.C. both parties to this litigation seek a judicial declaration determining disputed questions of law and fact arising from a controversy between them in respect to the right claimed by the defendant to terminate its coal mining operations upon and remove its mining equipment from plaintiff's lands described in a certain mining lease entered into by the parties in 1940.

The parties waived...

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