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MULLINS v. CLINCHFIELD COAL CORPORATION

No. 7046.

227 F.2d 881 (1955)

Marjorie A. MULLINS, Appellant, v. CLINCHFIELD COAL CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 18, 1955.

Attorney(s) appearing for the Case

A. G. Colley, Jr., and L. V. McFall, Charlottesville, Va., for appellant.

Wm. A Stuart, Abingdon, Va., and A. G. Lively, Lebanon, Va., for appellee.

Before SOPER and DOBIE, Circuit Judges, and THOMSEN, District Judge.

THOMSEN, District Judge.

Appellant, plaintiff below, is the owner of the mineral and mining rights in a tract of land known as the Upper Bond Tract in Wise County, Virginia. Appellee, defendant below, is the owner of the residuum of the title, and mines coal on neighboring tracts. The questions presented by this appeal are: (1) whether defendant was guilty of a willful trespass in excavating sites for a tipple and slack bin...

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