NEWMAN v. HI HAT ELKHORN COAL COMPANY

No. 14470.

298 F.2d 119 (1962)

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

United States Court of Appeals Sixth Circuit.

January 23, 1962.


Attorney(s) appearing for the Case

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

Joe Hobson, Prestonsburg, Ky., for appellee.

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


PER CURIAM.

This case originated in the Circuit Court of Floyd County, Kentucky and was removed by the coal company to the District Court on the ground of diversity of citizenship.

It was an action to recover damages and for injunction to restrain defendant from the processing of coal and dumping of refuse therefrom on plaintiff's lands which coal had been mined on lands other than plaintiff's.

The District Judge heard the case without a jury and at...

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