WATSON v. KENLICK COAL COMPANY, INC.

No. 73-2234.

498 F.2d 1183 (1974)

Mitchell WATSON et al., Plaintiffs-Appellants, v. KENLICK COAL COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1974.


Attorney(s) appearing for the Case

William H. Allison, Jr., Louisville, Ky., for plaintiffs-appellants.

Donald Combs and William J. Baird, Pikeville, Ky., for defendants-appellees.

Before PHILLIPS, Chief Judge, and MILLER and LIVELY, Circuit Judges.


PHILLIPS, Chief Judge.

Plaintiffs-Appellants ("the Watson family" or "the Watsons") claim that the destruction of surface rights in land owned by them incident to past and prospective strip mining by the defendants-appellees is actionable under 42 U. S.C. § 1983. They sue for an injunction and damages. Specifically, the Watson family contends that appellees, who admittedly own the minerals in, on and under the Watson land, are acting under color of state law...

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