WELLS v. AMERICAN ELEC. POWER CO.

No. 441.

48 Ohio App. 3d 95 (1988)

WELLS ET AL., APPELLANTS, v. AMERICAN ELECTRIC POWER COMPANY ET AL., APPELLEES.

Court of Appeals of Ohio, Vinton County.

Decided July 29, 1988.


Attorney(s) appearing for the Case

Sowash, Manley, Carson & Shostak, Anne Manley, Jonathan Sowash and Robert Shostak, for appellants.

William E. Olson, Porter, Wright, Morris & Arthur, D. Michael Miller, Mark S. Stemm and Charles H. Cooper, Jr., for appellees.


GREY, P.J.

This is an appeal from a decision of the Vinton County Court of Common Pleas granting appellees' motion for summary judgment. We affirm.

The record reveals the following facts. In 1958 and 1959, appellants or appellants' predecessors conveyed by deed to the Ohio Power Company all of the No. 4A coal beneath their respective properties. The deeds specifically gave Ohio Power "the right to mine and remove the said coal by underground mining processes...

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