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GEIER v. EAGLE-CHEROKEE COAL MINING CO.

No. 40,566

181 Kan. 567 (1957)

313 P.2d 731

EDWARD GEIER and ETHEL GEIER, Appellees, v. THE EAGLE-CHEROKEE COAL MINING COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1957.

Attorney(s) appearing for the Case

H. Gordon Angwin, of Pittsburg, argued the cause, and Ben W. Weir, of Pittsburg, was with him on the briefs for appellant.

D.G. Smith, of Girard, argued the cause and was on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order sustaining a motion for judgment on the pleadings in an action for the recovery of money under the terms of a strip coal mining lease on land in Crawford county.

The pertinent portions of the lease material to the issues before this court read as follows:

"EXHIBIT `A'

"LEASE

"THIS LEASE, made and...

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