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WIGGINS v. ENGELHARD MINERALS & CHEMICALS CORPORATION

Civ. A. No. 2408.

328 F.Supp. 33 (1970)

J. A. WIGGINS and Dovie B. Wiggins, Plaintiffs, v. ENGELHARD MINERALS & CHEMICALS CORPORATION, Defendant.

United States District Court, M. D. Georgia, Macon Division.

May 15, 1970.

Attorney(s) appearing for the Case

G. Dean Booth, Jr., and Ellis C. Hooper, of Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., Milton A. Carlton, of Spivey & Carlton, Swainsboro, Ga., and Albert P. Reichert, Jr., of Anderson, Walker & Reichert, Macon, Ga., for plaintiffs.

Frank C. Jones, of Jones, Cork, Miller & Benton, Macon, Ga., and Irwin L. Evans, Sandersville, Ga., for defendant.

OPINION

ELLIOTT, District Judge.

This is an action in which the owners of a 588 acre tract of land in Washington County, Georgia, seek to have a mining lease in favor of Engelhard Minerals & Chemicals Corporation ("Engelhard") terminated.

The lease was entered into on July 21, 19451 and the original term of the lease was for ten years, subject, however, to the right of the lessee to renew the lease perpetually by...

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