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PEABODY COAL COMPANY v. ERWIN

Civ. A. No. 2430.

326 F.Supp. 1005 (1971)

PEABODY COAL COMPANY, Plaintiff, v. D. J. ERWIN and Juanita Erwin, husband and wife, Defendants.

United States District Court, W. D. Kentucky, Owensboro Division.

May 14, 1971.

Attorney(s) appearing for the Case

Clarence Bartlett, Bartlett, McCarroll & Nunley, Owensboro, Ky., for plaintiff.

E. F. Martin, Jr., Hartford, Ky., for defendant.

MEMORANDUM AND ORDER

JAMES F. GORDON, Chief Judge.

This matter comes before the Court on various motions of the parties. At the center of the controversy is a fifty-acre parcel of land on the waters of Spur Creek in Ohio County, Kentucky. On July 30, 1902, Jesse N. and Mary E. Baggerly, the owners of the entire parcel, conveyed to the Taylor Coal Company all of the coal and other minerals within or under the parcel. By mesne conveyances the Peabody Coal...

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