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FERRELL CONST. CO. v. RUSSELL CREEK COAL CO.

No. 53774.

645 P.2d 1005 (1982)

FERRELL CONSTRUCTION COMPANY, INC., Appellee and Cross-Appellant, v. RUSSELL CREEK COAL COMPANY, Appellant and Cross-Appellee.

Supreme Court of Oklahoma.

Rehearing Denied April 22, 1982.

Attorney(s) appearing for the Case

Logan, Lowry, Johnston, Switzer & West by Donald K. Switzer, Vinita, for appellee and cross-appellant.

Jenkens & Gilchrist by Charles A. Gall, Dallas, Tex., for appellant and cross-appellee.

LAVENDER, Justice:

Russell, owner of a forty acre coal mining lease in Craig County, Oklahoma, entered into a Strip Mining Agreement in writing as of September 3, 1977, with Ferrell pursuant to which Ferrell was to remove the overburden, extract the coal, and load it for $.50 per bank yard for the overburden, $.30 per ton for the coal stockpiled for subsequent loading, and a sum equal to Ferrell's documented cost of blasting...

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