UNITED STATES v. POLINO

Civ. A. No. 250-E.

131 F.Supp. 772 (1955)

UNITED STATES of America, Plaintiff, v. Sam G. POLINO, Joseph Polino, A. R. Steele, Frank Delsardo and Bowden Coal Company, Defendants.

United States District Court N. D. West Virginia, at Elkins.

June 6, 1955.


Attorney(s) appearing for the Case

John R. Morris, U. S. Atty., Clarksburg, W. Va., Roderick A. Devison, Asst. U. S. Atty., Fairmont, W. Va., for plaintiff.

Cyrus S. Kump, Elkins, W. Va., for defendants.


BOREMAN, District Judge.

It becomes necessary in this case to determine, as a matter of law, whether or not a reservation of coal and mining rights contained in a certain deed carried with it the legal right to employ mining methods known as "strip mining" in the mining and removing of certain coal described in the pleadings.

By deed dated the 28th day of June, 1917, a tract of land containing 1,120.24 acres, situate in Randolph County, in the State of West...

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