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WIGGINS v. WARRIOR RIVER COAL CO.

No. 82-7021.

696 F.2d 1356 (1983)

Gerald S. WIGGINS and Larue G. Wiggins, Plaintiffs-Appellees, Cross-Appellants, v. WARRIOR RIVER COAL COMPANY, a corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 4, 1983.

Attorney(s) appearing for the Case

Zeanah, Donald & Hust, Herschel T. Hamner, Jr., Tuscaloosa, Ala., for defendant-appellant, cross-appellee.

Gordon Rosen, Rosen, Wright, Harwood, Albright & Cook, David L. Carroll, Tuscaloosa, Ala., for plaintiffs-appellees, cross-appellants.

Before GODBOLD, Chief Judge, FAY and SMITH, Circuit Judges.

FAY, Circuit Judge:

Plaintiffs-appellees, Gerald S. Wiggins and LaRue G. Wiggins ("Wiggins"), brought this diversity action against defendant-appellant Warrior River Coal Company ("Warrior") seeking $125,000.00 in damages, which amount represented the remaining minimum advance royalties allegedly due under a coal mining lease executed by the parties on October 24, 1977. The Wiggins moved for summary judgment. The trial court issued an order and memorandum opinion...

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