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KELLER v. MODEL COAL COMPANY

No. 10832.

97 S.E.2d 337 (1957)

Ira Junior KELLER v. MODEL COAL COMPANY et al.

Supreme Court of Appeals of West Virginia.

Decided March 19, 1957.

Dissenting Opinion April 11, 1957.

Attorney(s) appearing for the Case

Charles V. Wehner, Kingwood, for appellant.

Charles H. Brown, Cramer W. Gibson, Kingwood, Hyer & Gibson, Elkins, for appellees.

DUCKER, Judge.

Plaintiff instituted in the Circuit Court of Preston County this suit in equity against the defendants to cancel a coal lease and option existing between the plaintiff and defendants on lands owned by plaintiff, and to obtain from defendants an accounting of the tonnages of coal removed, and discovery of the amount of coal mined on and transported from the premises. The defendants demurred to the plaintiff's original, amended and supplemental bills...

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