MILLIKEN, Justice.
The main issue on this appeal is whether it was proper for the trial court to grant the appellees, defendants below, a summary judgment on the basis of the evidence introduced in support of their motion therefor. Since we have decided that the summary judgment must be set aside, we will not state the facts and collateral legal issues in detail.
The appellant, as plaintiff below, sued the appellees for $105,000 for mining coal in a disputed...
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