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L. E. COOKE CORP. v. HAYES

549 S.W.2d 837 (1977)

L. E. COOKE CORPORATION, Appellant, v. Alpha HAYES, Appellee. L. E. COOKE CORPORATION, Appellant, v. Donald L. SHANNON and Linda Shannon, Appellees. L. E. COOKE CORPORATION, Appellant, v. Luther GARTIN and Mary Gartin, Appellees. L. E. COOKE CORPORATION, Appellant, v. Leroy PACK, Appellee. L. E. COOKE CORPORATION, Appellant, v. J. W. AKERS and Dorothy Akers, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Granted May 17, 1977.

Attorney(s) appearing for the Case

William S. Kendrick, Francis, Kazee & Francis, Prestonsburg, for appellant.

Dan Ball, Grover D. Adkins, Louisa, for appellee.

Before WHITE, WILHOIT and WINTERSHEIMER, JJ.

WHITE, Judge:

The five above captioned cases are consolidated for purposes of this appeal since all involve common questions of law arising out of common factual situations. Each of the five individual leases were entered into the 1973 with L. E. Cooke Corporation as lessee and each of the five respective appellees as lessors. The leases provided for payments of twenty-five (25) cents per ton for each and every ton of coal mined and removed with a minimum royalty...

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