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CARLSON v. KENTUCKY RIDGE COAL COMPANY

No. 696.

125 F.Supp. 257 (1954)

Hazel CARLSON, Nels Carlson and Grace Harber, Plaintiffs, v. KENTUCKY RIDGE COAL COMPANY, Inc. and McCracken & McCall, Inc., Defendants.

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

November 1, 1954.

Attorney(s) appearing for the Case

Claude P. Stephens, Prestonsburg, Ky., Jesse K. Lewis, Lexington, Ky., for plaintiffs.

W. R. Lay and Grant F. Knuckles, Pineville, Ky., Gambill, Dudley & Cox, Terre Haute, Ind., Benjamin G. Cox, Terre Haute, Ind., for defendants.

FORD, Chief Judge.

The plaintiffs are the owners of approximately five hundred acres of mountain land located on the waters of Simms Fork and Big Camp Branch in Bell County, Kentucky. This land is underlaid with seams of coal and growing upon the surface is a considerable amount of merchantable timber.

On July, 3, 1944, the plaintiffs entered into a contract with the corporate defendant Kentucky Ridge Coal Company (hereinafter referred to as Kentucky Ridge...

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