ELK HORN COAL CORPORATION v. ANDERSON COAL COMPANY

No. 525.

223 F.Supp. 746 (1963)

The ELK HORN COAL CORPORATION, Plaintiff, v. ANDERSON COAL COMPANY, Conley, Anderson, Everidge King, Lee King, Angeline King, C. B. Bates and Ellis Bates, Defendants.

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

October 9, 1963.


Attorney(s) appearing for the Case

J. W. Howard, Prestonsburg, Ky., for plaintiff.

Joe Hobson, Prestonsburg, Ky., for defendants.


SWINFORD, Chief Judge.

This is an action to recover damages and penalties for the wrongful removal of coal from certain lands claimed by the plaintiff, to quiet title to the property and for an injunction against future trespasses by the defendants. Jurisdiction is based upon diversity of citizenship.

The case is divisible into two phases; one involving the plaintiff's title to the minerals in a certain tract of land referred to throughout the case as lot...

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