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UNITED FUEL GAS COMPANY v. McCOY

307 S.W.2d 176 (1957)

UNITED FUEL GAS COMPANY, Appellant, v. Wendell McCOY, Appellee.

Court of Appeals of Kentucky.

November 15, 1957.

Attorney(s) appearing for the Case

J. K. Wells, Paintsville, R. K. Talbott, C. E. Goodwin, Charleston, W. Va., of counsel, for appellant.

Clyde L. Miller, Louisa, for appellee.

MONTGOMERY, Judge.

United Fuel Gas Company sought an injunction to prevent Wendell McCoy from using free gas from its wells or lines. The Chancellor held that McCoy, as a remote grantee of an original lessor, had a right under the oil and gas lease to a specified amount of free gas on the premises. The gas company appeals. The decisive question concerns the nature of the "free gas" covenant in the lease. The case was tried upon the pleadings and a stipulation of facts...

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