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NORTH STAR COMPANY v. HOWARD

341 S.W.2d 251 (1960)

NORTH STAR COMPANY et al., Appellants, v. J. W. HOWARD et al., Appellees. HARRIS COAL CORPORATION, Appellants, v. J. W. HOWARD et al., Appellees. J. W. HOWARD et al., Appellants, v. NORTH STAR COMPANY, Inc., et al., Appellees. J. W. HOWARD et al., Cross-Appellants, v. HARRIS COAL CORPORATION, Cross-Appellee. J. W. HOWARD et al., Cross-Appellants, v. NORTH STAR COMPANY et al., Cross-Appellees.

Court of Appeals of Kentucky.

November 23, 1960.

Attorney(s) appearing for the Case

J. Blaine Nickell, Ralph N. Walter, Nickell & Walter, West Liberty, for North Star Co. and Buchanan Coal Co.

J. W. Howard, Howard & Francis, Joe Hobson, Prestonsburg, for J. W. Howard and Florence Howard.

Paul C. Shafer, Jr., C. F. Taplin, Jr., Arthur G. Taylor, Cleveland, Ohio, Earl R. Cooper, Salyersville, James W. Stites, Lively M. Wilson, Stites, Wood, Helm & Peabody, Louisville, for Harris Coal Corp.

C. A. Noble, Sr., Hazard, for Peoples Bank of Hazard.

Jo M. Ferguson, Atty. Gen., William S. Riley, Asst. Atty. Gen., John L. Ward, Special Asst. Atty. Gen., for Commonwealth of Kentucky, Department of Revenue, amicus curiae.

WADDILL, Commissioner.

The several appeals and cross-appeals question the correctness of: (1) The trial court's interpretation of certain provisions of a lease executed by J. W. Howard and his wife to the North Star Company; (2) the adjudication of the claims of the creditors of the North Star Company; and, (3) the order directing the sale of the real property owned by the North Star Company.

On September 1, 1951, J. W. Howard and his wife executed a lease...

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