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MARTIN v. KENTUCKY OAK MINING COMPANY

429 S.W.2d 395 (1968)

LeRoy MARTIN et al., Appellants, v. KENTUCKY OAK MINING COMPANY et al., Appellees.

Court of Appeals of Kentucky.

June 21, 1968.

Attorney(s) appearing for the Case

Harry M. Caudill, Whitesburg, Courtney C. Wells, Hazard, for appellants.

J. W. Craft, Jr., Bruce Stephens, Jr., Hazard, Nathan Elliott, Jr., Lexington, James W. Haley, Washington, D. C., for appellees and cross-appellants.

David A. Schneider, Asst. Atty. Gen., Frankfort, for Commonwealth of Kentucky.

Edward M. Post, Louisville, for Kentucky Civil Liberties Union.

James Young, Hazard, for Appalachian Group to Save the Land and People, Inc.

F. Selby Hurst, Hurst & Burnett, Lexington, for Big Sandy-Elkhorn Coal Operators Ass'n.

Prewitt & Prewitt, Allen Prewitt, Sr., Frankfort, for Kentucky Members of the National Council of Coal Lessors, Inc.

Lawrence S. Grauman, Louisville, for Sierra Club.

CULLEN, Commissioner.

Under standard "broad form" mineral deeds of the character commonly employed in the Appalachian region in the early 1900's in the acquisition of mineral rights, the Kentucky River Coal Corporation owns the coal rights in a large acreage in eastern Kentucky. Coal mining operations on various of its lands are carried on, under leases, by Kentucky Oak Mining Company, Oak Branch Mining Company, Midland Mining Company and North Fork Coal Company....

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