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ELKHORN CITY LAND COMPANY v. ELKHORN CITY

459 S.W.2d 762 (1970)

ELKHORN CITY LAND COMPANY, Inc., Appellant, v. ELKHORN CITY, a Municipal Corporation, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 18, 1970.

Attorney(s) appearing for the Case

Jean L. Auxier, Pikeville, for appellant.

Clyde Mullins, Jack T. Page, Pikeville, for appellee.

RAYMOND C. STEPHENSON, Special Commissioner.

The parties herein are disputing the extent of the rights granted by the appellant land company to the appellee city in a deed of October 26, 1943, which contained the following covenants pertinent to this dispute:

1. "The property herein conveyed is to be used for waterworks purposes only, and when abandoned as such is to revert to party of the first part herein, its...

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