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HOLLADAY v. PEABODY COAL CO.

560 S.W.2d 550 (1977)

William A. HOLLADAY et al., Appellants and Cross-Appellees, v. PEABODY COAL COMPANY et al., Appellees and Cross-Appellants. Joe GRIDER et al., Appellants and Cross-Appellees, v. PEABODY COAL COMPANY et al., Appellees and Cross-Appellants.

Supreme Court of Kentucky.

Rehearing Denied January 31, 1978.

Attorney(s) appearing for the Case

E. F. Martin, Jr., Hartford, William M. Gant, William T. Carroll, Gant & Carroll, Owensboro, for appellants and cross-appellees.

Sam T. Jarvis, Greenville, Clarence Bartlett, Bartlett, McCarroll & Nunley, Owensboro, for appellees and cross-appellants.

STERNBERG, Justice.

These actions were filed in the Ohio Circuit Court by the Peabody Coal Company. It sought to acquire a 50-foot permanent easement for constructing and maintaining a roadway and an overhead coal conveyer system over a portion of the lands of appellants from a mine opening not located on appellants' properties.

On these appeals and cross-appeals the issues are the same in both cases; accordingly, we will dispose of the issues with a single...

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