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ROBERTA COAL CO. v. RUDD

258 S.W.2d 495 (1953)

ROBERTA COAL CO. v. RUDD.

Court of Appeals of Kentucky.

May 22, 1953.

Attorney(s) appearing for the Case

Stephen Combs, Jr., Whitesburg, for appellant.

Napier & Napier, Hazard, for appellee.

CAMMACK, Justice.

This is a suit in equity brought November 2, 1945, by Roberta Coal Company against Bruce Rudd over the mineral rights in an 82.1 acre tract on Thornton Creek in Letcher County. Roberta Coal Company claims to own all the mineral rights in the tract, except for the coal in the Elkhorn No. 3 coal bed under a 14.47 acre tract lying within the 82.1 acre tract in dispute. Rudd is admittedly the owner of the surface rights in the 82.1 acre tract and of...

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