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OATES v. GROVES & SONS COMPANY

No. 13068.

248 F.2d 388 (1957)

Omer J. OATES and W. H. Gossett, Appellants, v. S. J. GROVES & SONS COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

October 26, 1957.

Attorney(s) appearing for the Case

Thomas E. Sandidge, Owensboro, Ky. (Carroll Franklin, Madisonville, Ky., on the brief), for appellants.

Morton Holbrook, Owensboro, Ky. (Marvin Borman, Minneapolis, Minn., Robert L. Sloss, Gordon B. Davidson, Louisville, Ky., on the brief), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

Appellants transferred and assigned to appellee certain leases of coal acreage, which gave the lessee for a period of five years the right to strip-mine and remove coal from the lands involved with payment of a stipulated royalty on each ton of coal mined. Appellee covenanted to perform all obligations imposed upon the lessee therein, including that of continuously strip-mining said coal, and to pay monthly to...

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