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PEABODY COAL COMPANY v. ERWIN

No. 71-1599.

453 F.2d 398 (1971)

PEABODY COAL COMPANY, Plaintiff-Appellee, v. D.J. ERWIN and Juanita Erwin, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

December 15, 1971.

Attorney(s) appearing for the Case

E.F. Martin, Hartford, Ky., Martin & Gross, Hartford, Ky., on brief, for appellants.

Marvin P. Nunley, Owensboro, Ky., Bartlett & Catinna, Hartford, Ky., Bartlett, McCarroll & Nunley, Owensboro, Ky., on brief, for appellee.

Before CELEBREZZE, PECK and MILLER, Circuit Judges.

PER CURIAM.

In a diversity of citizenship action in the district court, Peabody Coal Company sought a declaratory judgment granting it the right to strip mine a fifty acre parcel of land. Peabody owns the mineral rights to the land involved while the defendants own the surface estate. The respective rights of the parties are determined by a 1902 mineral conveyance between the parties' predecessors in title.1 Both parties sought summary...

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