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ELK HORN COAL CORP. v. ALLEGHENY COAL SALES, INC.

No. 17681.

391 F.2d 253 (1968)

The ELK HORN COAL CORPORATION, Plaintiff-Appellee, v. ALLEGHENY COAL SALES, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

March 18, 1968.

Attorney(s) appearing for the Case

Edward R. Hays and Francis Burke, Pikeville, Ky., Baird & Hays, Pikeville, Ky., Burke & Justice, Pikeville, Ky., on brief, for appellant.

J. W. Howard, Prestonsburg, Ky., Howard, Francis & Howard, Prestonsburg, Ky., on brief, for appellee.

Before WEICK, Chief Judge, and PHILLIPS and CELEBREZZE, Circuit Judges.

PER CURIAM.

This as an appeal from an action brought in the United States District Court for the Eastern District of Kentucky by the Elk Horn Coal Corporation, Appellee herein, the owner of certain mineral rights in coal lands, against Defendant John B. Compton and his sub-lessees Defendants Willie Miller and Jack Harris, alleging that said Defendants had wilfully and wantonly trespassed and taken coal belonging to it. The...

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