GARLAND COAL & MINING COMPANY v. FEW

No. 6026.

267 F.2d 785 (1959)

GARLAND COAL & MINING COMPANY, a corporation; Canadian Mining Company, a corporation; Sallisaw Stripping Company, a corporation; and Ernie Young, an individual, d/b/a Cary Construction Company, Appellants, v. Clifton FEW, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 27, 1959.


Attorney(s) appearing for the Case

Anna B. Otter, Oklahoma City, Okl., and Kelly Brown, Muskogee, Okl. (John R. Couch of Pierce, Mock & Duncan, Oklahoma City, Okl., with them on the brief), for appellants.

Woodrow H. McConnell and Ranel Hanson, Oklahoma City, Okl., for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and KNOUS, District Judge.


PICKETT, Circuit Judge.

This action was brought by the owner of a 110 acre farm in Haskell County, Oklahoma, against three corporations and one individual who were jointly engaged in strip coal mining operations on lands adjacent to the plaintiff's property. The plaintiff alleged that the defendants' activities created a continuing nuisance and also caused damages from trespass. Damages were sought for injury to plaintiff's real property, improvements and crops; for...

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