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KENTLAND-ELKHORN COAL COMPANY v. CHARLES

514 S.W.2d 659 (1974)

KENTLAND-ELKHORN COAL COMPANY, Appellant, v. Alonzo CHARLES and Mary Charles, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 15, 1974.

Attorney(s) appearing for the Case

John M. Stephens, Stephens, Combs & Page Pikeville, for appellant.

Jean L. Auxier, Lawrence R. Webster, Pikeville, for appellees.

CULLEN, Commissioner.

Alonzo Charles and his wife, owners of the surface of a tract of land, recovered judgment in the amount of $10,000 against Kentland-Elkhorn Coal Corporation, owner of the mineral rights under that tract and under a substantial adjoining acreage, as damages resulting from the operation of a coal preparation plant, in connection with a mine, on land adjoining the Charles tract. Although the instructions...

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