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BROWNIES CREEK COLLIERIES, INC. v. ASHER COAL MIN. CO.

417 S.W.2d 249 (1967)

BROWNIES CREEK COLLIERIES, INCORPORATED, Appellant, v. ASHER COAL MINING COMPANY et al., Appellees.

Court of Appeals of Kentucky.

June 30, 1967.

Attorney(s) appearing for the Case

James C. Helton, Pineville, James Clarence Evans, Farris, Evans & Evans, Nashville, Tenn., Bert T. Combs, Julius Rather, Lexington, for appellant.

Logan Patterson, Patterson & Berger, William S. Tribell, Pineville, for appellees.

CULLEN, Commissioner.

Asher Coal Mining Company (herein called Asher) is a corporation which leases coal lands. On September 5, 1959, Asher executed a "Colmar Lease" of about 4,300 acres of land to Bell Hi Coal Company. That company subsequently assigned the lease to appellees, Gibbs and Hart, who were engaged in mining and selling coal. On June 30, 1961, Asher leased to Gibbs and Hart approximately 6,000 acres of coal lands which are referred to herein as Hance Ridge...

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