No. 14470.

302 F.2d 723 (1962)

Ted NEWMAN, Plaintiff-Appellant, v. HI HAT ELKHORN COAL COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 7, 1962.

Attorney(s) appearing for the Case

C. Kilmer Combs, Prestonsburg, Ky., for appellant.

Joe Hobson, Prestonsburg, Ky., for appellee.

Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.


Appellee contends that we have misconstrued the opinion of the Court of Appeals of Kentucky which was handed down in the case of Hi Hat Elkhorn Mining Co. v. Ted Newman, 352 S.W.2d 71 and was the basis for our decision. We have reviewed the briefs filed in that case and find that substantially the same arguments were made by appellee's predecessor in title as were urged upon us by appellee in the present case and it...

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