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HI HAT ELKHORN COAL COMPANY v. KELLY

No. 611.

205 F.Supp. 764 (1962)

HI HAT ELKHORN COAL COMPANY, a corporation, Plaintiff, v. Annabelle Hayes KELLY, Herman Kelly, Claude Hayes, Edna Hayes Stewart, Edward Stewart, Bun Hayes, Arlie Hayes, Laura Hayes, Fred Hayes, June D. Hayes, Opal Moore Hayes and Opal Brown Hayes, Defendants.

United States District Court E. D. Kentucky, Pikeville Division.

May 3, 1962.

Attorney(s) appearing for the Case

Joe Hobson, Prestonsburg, Ky., for plaintiff.

Paul E. Hayes, Prestonsburg, Ky., for defendant.

SWINFORD, District Judge.

The plaintiff, a West Virginia corporation, is the owner of all the coal and mineral rights under a 15.56 acre tract belonging to the defendants on which they have constructed dwelling houses. The plaintiff is asking the court to enjoin the defendants from interfering with its alleged right to relocate and construct a new truck road thirty feet wide with a five foot ditch line on each side through the lands of the defendants in order to make...

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