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STURTEVANT v. HART

No. 15425.

327 F.2d 695 (1964)

Marianna Baker STURTEVANT, Roy H. Brooks, R. M. Baker and Glenda Baker Bork, Plaintiffs-Appellants v. George L. HART and F. M. Hart, a partnership, d/b/a Hart & Hart, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 21, 1964.

Attorney(s) appearing for the Case

John E. Early, Evansville, Ind., Paul F. Arnold, Evansville, Ind., George Wilson, III, Owensboro, Ky., on the brief, for appellants.

Neville Moore, Madisonville, Ky., W. Fred Hume, Providence, Ky., on the brief, Moore, Morrow & Frymire, Madisonville, Ky., of counsel, for appellees.

Before WEICK, Chief Judge, PHILLIPS, Circuit Judge, and McALLISTER, Senior Circuit Judge.

HARRY PHILLIPS, Circuit Judge.

By a deed dated August 7, 1905, Joe Freeman conveyed to F. M. Baker all the coal in and underlying the lands described therein "except the vein known as No. 12 which is reserved." This case grows out of a dispute as to the identity and ownership of the vein of coal reserved to grantors in the deed. Appellants are the successors in title to F. M. Baker, grantee, to the coal conveyed to him under this deed. Appellees are the lessees of...

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