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PEABODY COAL COMPANY v. PASCO

No. 71-1187.

452 F.2d 1126 (1971)

PEABODY COAL COMPANY, Plaintiff-Appellee, v. P. C. PASCO et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

December 15, 1971.

Attorney(s) appearing for the Case

James O. Overby, Murray, Ky. (Donald A. Jones, Overby & Jones, Murray, Ky., on the brief), for appellants.

Daniel Cornette, Greenville, Ky. (Jarvis, Cornette & Payton, Greenville, Ky., on the brief), for appellee.

Before CELEBREZZE, PECK and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

Peabody Coal Company in a diversity action in the district court sought a declaratory judgment granting it the right to strip mine three tracts of land in which Peabody holds the coal rights. Peabody traces its title to the coal underlying the land involved here from two mineral deeds. A 1919 deed conveyed all the coal underlying tract #1 and granted certain mining rights; a 1914 deed conveyed the coal underneath tracts #2 and #3...

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