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HOWARD v. HI HAT ELKHORN MINING COMPANY

No. 14412.

295 F.2d 81 (1961)

J. Woodford HOWARD, Trustee for Harris S. Howard and J. Woodford Howard, Jr., Harris S. Howard, J. Woodford Howard, Jr., and Henry Fults, Plaintiffs-Appellants, v. HI HAT ELKHORN MINING COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 24, 1961.

Attorney(s) appearing for the Case

J. Woodford Howard (of Howard & Francis), Prestonsburg, Ky., for appellants.

Joe Hobson, Prestonsburg, Ky. (R. D. Davis, Ashland, Ky., on the brief), for defendant-appellee.

Before MILLER, Chief Judge, and MARTIN and CECIL, Circuit Judges.

PER CURIAM.

On May 1, 1956, appellant-trustee executed a coal lease which granted to the lessee, Henry Fults, the sole and exclusive right of mining all of the No. 3 Elkhorn seam of coal in and underlying a certain tract of land in Floyd County, Kentucky, specifically described therein. By the terms of the lease Fults agreed to pay a royalty of twenty cents for each ton of coal mined and to diligently mine all mineable and merchantable coal of said No. 3 Elkhorn seam...

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