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COMMERCE UNION BANK v. KINKADE

540 S.W.2d 861 (1976)

COMMERCE UNION BANK et al., Appellants, v. James C. KINKADE et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 15, 1976.

Attorney(s) appearing for the Case

William P. Donan, Donan & Vick, Greenville, William A. Logan, Logan, Gordon & Logan, Richard L. Frymire, Moore, Morrow, Frymire & McGaw, Madisonville, for appellants.

B. R. Paxton, Paxton & Kusch, Central City, Ralph W. Wible, Sandidge, Holbrook, Craig & Hager, Owensboro, for appellees.

PER CURIAM.

Commerce Union Bank, Trustee of Justin Potter's Grandchildren's Trust; Island Creek Coal Company; and Badgett Mine Stripping Corporation appeal from a judgment of the Muhlenberg Circuit Court holding that certain mineral conveyances did not grant the right to mine the coal by the strip or open-pit method.

Commerce Union Bank, Trustee, owns the coal in controversy. Island Creek is lessee of all the coal...

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