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BATES v. BATES

399 S.W.2d 716 (1965)

Ralph Booten BATES, Appellant, v. Beckham BATES et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 25, 1966.

Attorney(s) appearing for the Case

Harry M. Caudill, Whitesburg, Bert T. Combs, Julius Rather, Lexington, for appellant.

Stephen Combs, Jr., Stanley R. Hogg, LeRoy W. Fields, Whitesburg, for appellees.

STEWART, Judge.

Appellee, Beckham Bates, has title to the minerals in land located on Beaver Dam Branch and Myra's Branch of Rockhouse Creek in Letcher County. To the north and west of Beckham Bates' property is an adjoining tract owned by his brother, Ralph Booten Bates, appellant herein. Still farther to the north is the property of the heirs of L. W. Fields.

The O. K. Coal Company, owned and operated by J. D. Banks, hereinafter referred to as Banks, obtained...

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