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McKINLEY v. NUTT

697 S.W.2d 949 (1985)

Tom McKINLEY and Helen McKinley, Appellants, v. Donald NUTT and Billy Peavler, d/b/a Nutt and Peavler Construction Company, and North Central Stone, Inc., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 11, 1985.

Attorney(s) appearing for the Case

Thomas Givhan, John Spainhour, E. Lorraine Russell, Givhan & Spainhour, Shepherdsville, for appellants.

John D. Dale, Jr., Taylorsville, J. Chester Porter, Walter Sholar, Shepherdsville, for appellees.

Before COOPER, HOWERTON and LESTER, JJ.

HOWERTON, Judge.

Tom and Helen McKinley appeal from a Spencer Circuit Court summary judgment in favor of North Central Stone, Inc. and the Nutt and Peavler Construction Company. At issue is the right of North Central Stone to market subsoil removed in the process of mining limestone under a lease from the McKinleys. The trial court found as a matter of law that North Central had a right to dispose of the shale and/or clay subsoil. After careful consideration of the...

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