PER CURIAM.
The appellees originally brought this action to settle a dispute concerning trespass to real property. They alleged that defendants Calvert and Marsh Coal Company and John David Calvert, president of the company, strip mined a portion of plaintiffs' property. The complaint contained two counts—the first for "negligent trespass" and the second for "knowing, wanton and malicious trespass."
Plaintiffs filed a motion for summary judgment "on...
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