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HOWE COAL COMPANY v. PRAIRIE COAL COMPANY

No. FS-72-C-74.

362 F.Supp. 1117 (1973)

HOWE COAL COMPANY, a corporation, Plaintiff, v. PRAIRIE COAL COMPANY, a corporation, and Gordon-Miles Mining Company, a corporation, Defendants, Sterlin Hurley et al., Additional Defendants.

United States District Court, W. D. Arkansas, Fort Smith Division.

August 27, 1973.

Attorney(s) appearing for the Case

J. H. Evans, Warner, Warner, Ragon & Smith, Ft. Smith, Ark., for plaintiff.

Sam Sexton, Jr., Ft. Smith, Ark., for Sterlin Hurley, Bobby G. Emery, Earl A. Bell, and Ozark Real Estate Co.

STATEMENT

JOHN E. MILLER, Senior District Judge.

It is necessary to a clear understanding of the controlling and material facts in this case that the pleadings filed and the action taken by the court be stated chronologically.

On November 20, 1972, Howe Coal Company (Howe), a Missouri corporation, filed its complaint against Prairie Coal Company (Prairie), an Arkansas corporation, in which it alleged that on or about April 26, 1972, defendant purchased...

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