WESTERN COAL AND MINING COMPANY v. MIDDLETON

No. 18181.

362 F.2d 48 (1966)

WESTERN COAL AND MINING COMPANY, a Corporation, and the Missouri Improvement Company, a Corporation, and the Missouri Pacific Railroad Company, a Corporation, Appellants, v. Robert J. MIDDLETON, Robert E. Middleton, Richard B. Griffin, and Bradley W. Kidder, Appellees.

United States Court of Appeals Eighth Circuit.

June 17, 1966.


Attorney(s) appearing for the Case

John T. Williams, of Smith, Williams, Friday & Bowen, Little Rock, Ark., for appellants. William J. Smith, Little Rock, Ark., and Mark M. Hennelly, St. Louis, Mo., were with him on the brief.

Thomas B. Pryor, of Dobbs, Pryor & Dobbs, Fort Smith, Ark., for appellees. G. Byron Dobbs, Fort Smith, Ark., was with him on the brief.

Before MATTHES and GIBSON, Circuit Judges, and HUNTER, District Judge.


HUNTER, District Judge.

This is a diversity action. Appellants are Missouri corporations, with their principal place of business in St. Louis, Missouri, and appellees are citizens of the State of Arkansas, residing in Sebastian County. The dispute presented concerns the ownership of the gas and oil lying under a 320-acre tract of land located in Sebastian County, Arkansas. The particular issue is whether the words "other minerals" in a deed executed on April 2, 1904...

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