HAR-BEL COAL COMPANY v. ASHER COAL MINING COMPANY


414 S.W.2d 128 (1966)

HAR-BEL COAL COMPANY et al., Appellants, v. ASHER COAL MINING COMPANY, Red Star, Inc., et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 12, 1967.


Attorney(s) appearing for the Case

James S. Greene, Jr., Greene & Forester, Harlan, for appellants.

E. B. Wilson, James S. Wilson, Pineville, for appellee, Asher Coal Mining Co.

William L. Rose, Williamsburg, for appellee, Red Star, Inc.


WILLIAMS, Judge.

This case involves the validity of a coalmining lease allegedly entered into between Asher Coal Mining Company (hereafter Asher Company) and the Har-Bel Company (hereafter Har-Bel). The Bell Circuit Court found the lease to be invalid and Har-Bel has appealed.

The Asher Company owned coal-bearing lands which it leased to various concerns for the purpose of extracting and marketing coal. Included were two areas generally known as the Insull...

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