CROLEY v. ROUND MOUNTAIN COAL COMPANY


374 S.W.2d 852 (1964)

A. J. CROLEY et al., Appellants, v. ROUND MOUNTAIN COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

January 24, 1964.


Attorney(s) appearing for the Case

E. B. Wilson, Pineville, for appellants.

T. E. Mahan, Williamsburg, William Hays, Winchester, Robert H. Hays, Lexington, for appellees.


CULLEN, Commissioner.

A. J. Croley and wife, owners of the surface of a tract of mountain land, brought this action against Round Mountain Coal Company and others, seeking to enjoin the defendants from conducting strip and auger mining on the tract and to recover damages for such mining already done. Judgment was entered dismissing the complaint on the ground that it did not state a claim upon which relief could be granted...

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