LAFAYETTE COAL COMPANY v. BURGE

No. 18664.

411 F.2d 1168 (1969)

LAFAYETTE COAL COMPANY, Plaintiff-Appellant, v. J. O. BURGE, t/d/b/a Burge Coal Company, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 17, 1969.


Attorney(s) appearing for the Case

Edward F. Rectenwald, Louisville, Ky., for appellant.

Rhodes Bratcher, Owensboro, Ky., W. Mallam Lake, Hartford, Ky., on brief, for appellee.

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


PER CURIAM.

This appeal is from the United States District Court for the Western District of Kentucky. The trial Court, sitting without a jury, found that the Plaintiff-Appellant failed to meet the burden of proving its case by a preponderance of evidence and ruled in favor of Defendant-Appellee. Timely motions were made by Appellant to amend the findings and to set aside the judgment. These motions having been denied, Appellant appeals to this Court.

Appellee...

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