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BLACK CRYSTAL COAL CO. v. GARLAND COAL & MINING CO.

No. 6048.

267 F.2d 569 (1959)

BLACK CRYSTAL COAL COMPANY, a co-partnership composed of Clifford Gaither and Bonnie Gaither; and Clifford Gaither and Bonnie Gaither, d/b/a Cedar Creek Coal Company, Appellants, v. GARLAND COAL & MINING COMPANY, a corporation; and The Investors' Mortgage Security Company, Limited, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

June 1, 1959.

Attorney(s) appearing for the Case

Charles Hill Johns, Oklahoma City, Okl., and Cleon A. Summers, Muskogee, Okl. (Anita Ellerbee and Smith, Johns & Neuffer, Oklahoma City, Okl., on the brief), for appellants.

Kelly Brown, Muskogee, Okl., and Hugh M. Bland, Fort Smith, Ark., for appellees.

Before MURRAH, LEWIS, and BREITENSTEIN, Circuit Judges

BREITENSTEIN, Circuit Judge.

This case presents the question of the liability of the lessee of one tenant in common to the other tenant in common and its lessee for coal mining operations.

The surface of the land involved and one-half of the mineral rights were owned by J. M. and Lizzie Gideon who gave a coal mining lease covering their one-half interest to appellant-defendant Black Crystal Coal Company, a partnership composed of Clifford and Bonnie Gaither...

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