OPINION.
Mr. Chief Justice BLUME delivered the opinion of the court.
The parties to this case will be mentioned as plaintiffs and defendants or by name as in the court below. On December 20, 1958, plaintiffs herein commenced an action against the defendants alleging as follows:
1. Plaintiffs are the sole partners and owners of the Hanna-Basin Construction & Coal Company. They are now and at all times hereinafter mentioned have been engaged in...
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