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HI HAT ELKHORN COAL COMPANY v. INLAND STEEL COMPANY

No. 16478.

370 F.2d 117 (1966)

HI HAT ELKHORN COAL COMPANY, Plaintiff-Appellant, v. INLAND STEEL COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 21, 1966.

Attorney(s) appearing for the Case

Luther E. Woods, Huntington, W. Va., and John M. Stephens, Pikeville, Ky. (Joe Hobson, Prestonsburg, Ky., on the brief), for appellant.

E. R. Hays, Pikeville, Ky. (Francis L. Rice, Baird & Hays, Pikeville, Ky., on the brief), for appellee.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

HARRY PHILLIPS, Circuit Judge.

Plaintiff-appellant ("Hi Hat") sued defendant-appellee ("Inland") for $750,000 in damages claimed to have been caused by Inland dumping slate, sludge and other refuse which allegedly prevented Hi Hat from mining coal. After all the proof had been taken, the district judge, the Honorable Bernard T. Moynahan, Jr., directed a verdict for Inland upon the ground that the proof of damages offered...

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