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LESTER v. NATIONAL SHAWMUT BANK OF BOSTON

No. 7259.

238 F.2d 516 (1956)

Mart LESTER and Ed Lester, individually and as partners doing business as Lester Coal Company, Appellants, v. The NATIONAL SHAWMUT BANK OF BOSTON, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1956.

Attorney(s) appearing for the Case

Joseph M. Crockett, Welch, W. Va. (Crockett & Tutwiler and J. Strother Crockett, Welch, W. Va., on brief), for appellants.

Howard R. Klostermeyer Charleston, W. Va. (Frederick L. Thomas, and Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

SOBELOFF, Circuit Judge.

This litigation was begun August 11, 1955 by the appellee, National Shawmut Bank of Boston, to obtain surrender of certain coal leases in McDowell County, West Virginia and Buchanan County, Virginia claimed by the appellants Mart Lester and his brother Ed Lester, individually and trading as Lester Coal Company, and an injunction against the appellants, forbidding them to exercise any rights in the property. The appeal is from an order granting...

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