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LIVELY v. ELKHORN COAL CO.

No. 11592.

206 F.2d 396 (1953)

LIVELY v. ELKHORN COAL CO.

United States Court of Appeals Sixth Circuit.

July 29, 1953.

Attorney(s) appearing for the Case

Robert T. Winston, Jr., Norton, Va. (J. O. Lively, by counsel, Napier & Napier, Hazard, Ky., Robert T. Winston, Jr., Norton, Va., on the brief), for appellant.

J. W. Howard, Prestonsburg, Ky. (J. Woodford Howard, Prestonsburg, Ky., H. L. Moore, Whitesburg, Ky., Herman L. Taylor, Chicago, Ill., on the brief), for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

MILLER, Circuit Judge.

Appellant, J. O. Lively, sought by this action to recover damages in the amount of $44,000 by reason of the alleged breach by the appellee, Elkhorn Coal Company, of a contract between the parties pertaining to the strip mining of coal on certain properties owned by the appellee. The jury found for the appellant in the sum of $15,000. Thereafter the District Judge sustained the appellee's motion for judgment notwithstanding the verdict and ordered...

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