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ANDERSON v. NICHOLS

No. 17336.

359 S.E.2d 117 (1987)

Arthur L. ANDERSON, et al. v. Cecil NICHOLS and N.F. Mining Co.

Supreme Court of Appeals of West Virginia.

June 16, 1987.

Attorney(s) appearing for the Case

Gerard R. Stowers, Bowles, McDavid, Graff & Love, Charleston, for appellants.

Charles R. McElwee, Robinson & McElwee, Charleston, for appellee.

NEELY, Justice.

Mr. and Mrs. Arthur Anderson, the appellees in this case, are the owners of certain tracts of contiguous coal lands in Nicholas County. On 15 July 1983, Mr. and Mrs. Anderson leased all of the coal on these lands to the appellant, Cecil Nichols for an initial term of five years, subject to renewal for a maximum of fifteen years. The lease provided for a minimum royalty of $8,750 per month, and Mr. Nichols...

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