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U.S. v. STEARNS COAL AND LUMBER CO.

No. 86-5560.

816 F.2d 279 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. STEARNS COAL AND LUMBER COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1987.

Rehearing Denied June 2, 1987.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Lexington, Ky., Jane E. Graham (argued), for plaintiff-appellee.

Winfrey P. Blackburn, Jr., Bruce F. Clark (argued), Stites and Harbison, Frankfort, Ky., for defendant-appellant.

Before ENGEL, KRUPANSKY and GUY, Circuit Judges.

ENGEL, Circuit Judge.

The issue for decision is whether under Kentucky law Stearns Coal and Lumber Company, under a reservation of mineral rights in a deed of surface land to the United States, may engage in strip mining when the deed reserving its mineral rights is silent on the subject. The district court held that Stearns could not strip mine without first securing permission of the surface owner, the United States. We affirm.

In 1937, Stearns conveyed...

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