ROSS COAL COMPANY v. COLE

No. 7484.

249 F.2d 600 (1957)

ROSS COAL COMPANY, a corporation, Appellant, v. Albert H. COLE, Charles H. Stephens, Jr., and Louise K. Laws, Trustees of Cole & Crane Real Estate Trust, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 11, 1957.


Attorney(s) appearing for the Case

William C. Beatty, Huntington, W. Va. (E. A. Marshall, and Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., on the brief), for appellant.

Selden S. McNeer and L. E. Woods, Jr., Huntington, W. Va. (Selden S. McNeer, Jr., and Campbell, McNeer & Woods, Huntington, W. Va., on the brief), for appellees.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.


HAYNSWORTH, Circuit Judge.

By this action for a declaratory judgment the plaintiffs, as Trustees of Cole & Crane Real Estate Trust, sought a construction of a deed and a declaration of the rights and interests of the parties, under the deed, in the surface of certain land and in underlying coal seams. A motion for summary judgment was granted under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. upon the motion of the Trustees. Cole v. Ross Coal Company...

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