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HUNTS BRANCH COAL CO., INC. v. CANADA

599 S.W.2d 154 (1980)

HUNTS BRANCH COAL COMPANY, INC., Movant, v. Claude S. CANADA and Canada Coal Company, Inc., Respondents.

Supreme Court of Kentucky.

March 11, 1980.

Attorney(s) appearing for the Case

Marrs Allen May, Stratton, May & Hays, Pikeville, for movant.

Jack T. Page, Pikeville, for respondents.

STEPHENS, Justice.

The issue to be decided in this case is whether the trial court and the Court of Appeals properly applied the doctrine of estoppel as the basis for the granting of a motion for summary judgment.

This action was filed in the Pike Circuit Court by Hunts Branch Coal Company, Inc. (hereinafter referred to as Hunts Branch) against Claude Canada and Canada Coal Company, Inc. (Canada Coal). It is alleged that on October 8, 1973, Hunts Branch entered...

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