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RIGGS v. ISLAND CREEK COAL CO.

No. 75-1699.

542 F.2d 339 (1976)

Blair RIGGS, Plaintiff-Appellee, v. ISLAND CREEK COAL COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 28, 1976.

Rehearing and Rehearing Denied November 30, 1976.

Attorney(s) appearing for the Case

Barton D. Whitman, Robert T. Keeler, Taft, Stettinius & Hollister, Cincinnati, Ohio, for defendant-appellant.

Thomas D. Beetham, Robt. B. Werren, Beetham & Beetham, Cadiz, Ohio, Philip E. Howes, Canton, Ohio, for plaintiff-appellee.

Before CELEBREZZE, LIVELY and ENGEL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 30, 1976.

ENGEL, Circuit Judge.

The principal issue in this diversity case involves which of two conflicting descriptions in a warranty deed for coal is controlling under Ohio law.

On April 27, 1923 plaintiff Blair Riggs' predecessor in interest conveyed to defendant Island Creek Coal Company's predecessor in interest:

". . . all the coal of the No. six vein or seam, being more particularly and...

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