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NATIONAL SHAWMUT BANK v. CORREALE MINING CORP.

Civ. A. No. 1682.

140 F.Supp. 180 (1956)

The NATIONAL SHAWMUT BANK OF BOSTON, a corporation, Plaintiff, v. CORREALE MINING CORPORATION, a corporation, Mart Lester and Ed Lester, individually and as partners doing business as Lester Coal Company, Defendants.

United States District Court S. D. West Virginia.

April 28, 1956.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, Howard R. Klostermeyer, Charleston, W. Va., for plaintiff.

Richardson, Hudgins, & Hancock, Paul S. Hudgins, Bluefield, W. Va., for defendant Correale Min. Corp.

Crockett & Tutwiler, Joseph M. Crockett and J. Strother Crockett, Welch, W. Va., for defendants Mart Lester and Ed Lester.

MOORE, Chief Judge.

This action instituted by The National Shawmut Bank of Boston (hereinafter referred to as the Bank) against Correale Mining Corporation and Mart Lester and Ed Lester, doing business as Lester Coal Company (hereinafter referred to as Correale and Lester, respectively,) seeks the surrender of certain coal leases and an injunction restraining Lester from mining coal from the property embraced in these leases.

By an instrument dated February...

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