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GILBREATH v. PAC. COAST COAL & OIL CO.

No. 39726.

75 Wn.2d 255 (1969)

450 P.2d 173

PAUL R. GILBREATH et al., Appellants, v. PACIFIC COAST COAL & OIL CO., et al., Respondents.

The Supreme Court of Washington, Department Two.

January 30, 1969.

Attorney(s) appearing for the Case

Johnson, Quigley, Hatch & Loveridge, by Edward D. Campbell, for appellants.

Montgomery, Purdue, Blankinship & Austin, for respondents.

HUNTER, C.J.

This action originated as a suit to quiet title to subsurface rights. The plaintiffs, as owners of certain land, commenced action to cancel a reservation of record which granted the defendants express immunity from any liability for the removal of subjacent support resulting from the mining of coal and minerals therefrom. The plaintiffs, Paul R. Gilbreath and J. Gordon Sparks, appeal the dismissal with prejudice of their suit and the award of

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