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ELK HORN COAL CORPORATION v. UNITED STATES

No. 12230.

219 F.2d 917 (1955)

The ELK HORN COAL CORPORATION et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Sixth Circuit.

February 15, 1955.

Attorney(s) appearing for the Case

J. W. Howard, Prestonsburg, Ky., J. Henry Francis, Jr., Charleston, W. Va., for appellants.

Perry W. Morton, Roger P. Marquis, John C. Harrington and Reginald W. Barnes, Washington, D. C., Edwin R. Denney, Kit C. Elswick, Lexington, Ky., for appellee.

Before SIMONS, Chief Judge, and ALLEN and MARTIN, Circuit Judges.

PER CURIAM.

This condemnation action brought by the United States involves on this appeal only the mineral rights in 327.39 acres of land in a mountain section of Kentucky, together with the severance value of mineral interests in remaining lands owned by the appellants, and does not involve the surface value of the lands.

Upon the conclusion of all the evidence offered by both the government and the appellants, the district court awarded $15 per acre as the...

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