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ILLINOIS BASIN OIL ASSOCIATION v. LYNN

425 S.W.2d 555 (1968)

ILLINOIS BASIN OIL ASSOCIATION, Inc., Appellant, v. Bennie T. LYNN et al., Appellees.

Court of Appeals of Kentucky.

March 15, 1968.

Attorney(s) appearing for the Case

Robert G. Hunt, King, Deep, Branaman & Hunt, Henderson, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.

DAVIS, Commissioner.

Bennie T. Lynn obtained a verdict and judgment for $4,000 against Illinois Basin Oil Association, Inc. (hereinafter IBOA) as compensation for alleged damages to the surface of a farm which Lynn had leased to IBOA for oil and gas exploitation. IBOA has appealed and presents the following assignments of error as bases for reversal:

(1) The only cause of action alleged in the complaint or proven...

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