CULBERTSON v. JNO. McCALL COAL COMPANY, INC.

Nos. 73-1400, 73-1401.

495 F.2d 1403 (1974)

Ruth M. CULBERTSON, Executrix of the will of William M. Culbertson, Jr., Deceased, last surviving partner of the partnership of J. H. Franks and William M. Culbertson, Jr., doing business as Whitewood Smokeless Coal Company, Appellee, v. JNO. McCALL COAL COMPANY, INC., a Maryland corporation, et al., Appellants. Ruth M. CULBERTSON, Executrix of the will of William M. Culbertson, Jr., Deceased, last surviving partner of the partnership of J. H. Franks, and William M. Culbertson, Jr., doing business as Whitewood Smokeless Coal Company, Appellant, v. JNO. McCALL COAL COMPANY, INC., a Maryland corporation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1974.


Attorney(s) appearing for the Case

John S. McDaniel, Jr., Baltimore, Md. (Cable, McDaniel, Bowie & Bond, Baltimore, Md., Leroy Katz, Katz, Katz & Kantor, Bluefield, W. Va., Carl C. Gillespie, Gillespie & Gillespie, Tazewell, Va., on brief), for McCall Coal Co., Inc., et al.

Joseph M. Sanders, Bluefield, W. Va. (Sanders & Blue, Bluefield, W. Va., on brief), for Ruth M. Culbertson et al.

Before BOREMAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges.


BOREMAN, Senior Circuit Judge:

The facts of this diversity suit are voluminous and complex. They are set forth in great detail in the district court's opinion reported at 275 F.Supp. 662 (S.D.W.Va.1967), and we think it unnecessary to fully repeat them here. A brief statement thereof should suffice.

William M. Culbertson, Jr. (plaintiff below), and J. H. Franks, doing business as Whitewood Smokeless Coal Company (Whitewood...

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