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ELK HORN COAL CORP. v. KENTUCKY-WEST VIRGINIA G. CO.

317 S.W.2d 472 (1957)

The ELK HORN COAL CORPORATION, a Corporation, Appellant, v. KENTUCKY-WEST VIRGINIA GAS COMPANY, a Corporation, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 28, 1958.

Attorney(s) appearing for the Case

J. Woodford Howard, Howard & Francis, Prestonsburg, J. Henry Francis, Jr., Charleston, W. Va., for appellant.

C. Kilmer Combs, Combs & Combs, Prestonsburg, for appellees.

CULLEN, Commissioner.

The Elk Horn Coal Corporation brought action against Kentucky-West Virginia Gas Company and a construction company working under contract with the gas company, to enjoin the construction of a gas pipe line across some 48 tracts of land on which the coal corporation holds coal leases. Temporary injunctive relief was sought but was not obtained, and the pipe line was substantially completed pending the action.

The parties made a stipulation...

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