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DEPARTMENT OF CONSERVATION v. CO-DE COAL COMPANY

388 S.W.2d 614 (1964)

DEPARTMENT OF CONSERVATION et al., Appellants, v. CO-DE COAL COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

As Modified on Rehearing March 26, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Ronald M. Sullivan, Asst. Atty. Gen., Frankfort, for appellants.

Duff Arnett, Hazard, for appellee.

CLAY, Commissioner.

Appellee is an auger-type coal mining company located in eastern Kentucky. Between 1954 and 1960 the Division of Strip Mining, acting pursuant to KRS 350.060, collected permit and acreage fees from appellee and other auger miners. On May 5, 1961, we held in Commonwealth v. Wombles, Ky., 346 S.W.2d 299, that auger mining was not covered by KRS 350.060.

Subsequently, on November 6, 1961, appellee forwarded...

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