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ELK HORN COAL CORPORATION v. ALLEN

324 S.W.2d 829 (1959)

ELK HORN COAL CORPORATION, Appellant, v. C. E. ALLEN et al., Appellees.

Court of Appeals of Kentucky.

May 29, 1959.

Attorney(s) appearing for the Case

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

Joe Hobson, Prestonsburg, for appellees.

CULLEN, Commissioner.

In an injunction proceeding, the issue was whether the Elk Horn Coal Corporation, by virtue of its rights under a deed of coal and other minerals in a tract of land of some 600 acres, or C. E. Allen and Jack Stanley, as surface owners of part of the tract, owned a large slate dump piled on the Allen-Stanley surface, which dump originally had consisted of waste coal, slate, muck, bone, shale and other waste resulting from the coal mining operations...

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