THORNBERRY v. BUCHANAN COUNTY COAL CORPORATION

No. 15206.

323 F.2d 517 (1963)

Charles THORNBERRY, Plaintiff-Appellant, v. BUCHANAN COUNTY COAL CORPORATION, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 11, 1963.


Attorney(s) appearing for the Case

Jean L. Auxier, Pikeville, Ky., for appellant.

John M. Stephens, Pikeville, Ky., for appellee.

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


PER CURIAM.

Defendant purchased all of the coal in the Clintwood seam in land owned by plaintiff. The deed of conveyance therefor also granted mining rights but "to be exercised so as not to interfere unnecessarily with the mining of other seams" by plaintiff.

In removing the coal which defendant purchased, overlying seams of coal located on plaintiff's land were deprived of support and collapsed.

It was the claim of plaintiff that defendant...

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