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WALTER BLEDSOE & COMPANY v. ELKHORN LAND COMPANY

No. 12235.

219 F.2d 556 (1955)

WALTER BLEDSOE & COMPANY, Appellant, v. ELKHORN LAND COMPANY, Appellee.

United States Court of Appeals, Sixth Circuit.

March 1, 1955.

Attorney(s) appearing for the Case

Henry J. Scott, Pikeville, Ky. (Hobson & Scott, Pikeville, Ky., Gambill, Dudley, Cox, Phillips & Gambill, by Benjamin G. Cox, Terre Haute, Ind., on the brief), for appellant.

William P. Sidebottom, Covington, Ky., for appellee.

Before MARTIN, McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

Appellee, Elkhorn Land Company, sought by this action to recover unpaid royalties and rentals under a mining lease executed by it on a 133-acre tract of land, owned by it in Pike County, Kentucky.

Appellee on June 17, 1918, executed to the Elkhorn & Shelby Creek Coal Company the lease herein involved, which had no fixed term of years, but provided that the lessee should pay, during the continuance of the lease, royalties of ten cents for each...

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