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  5. 764 P.2d 1340 (1988)
 

ALPINE CONST. CORP. v. FENTON

Nos. 70603, 71030.

764 P.2d 1340 (1988)

ALPINE CONSTRUCTION CORPORATION, Petitioner, v. Billy Wayne FENTON and Patricia Ann Fenton, Respondents.

Supreme Court of Oklahoma.

November 1, 1988.

Attorney(s) appearing for the Case

John N. Henderson, Stigler, for petitioner.

Cate & Harrison by Gene V. Primomo, Muskogee, for respondents.

LAVENDER, Justice:

In a warranty deed executed February 1, 1950 Douglas Arthur Bly and Ruby May Bly conveyed the property involved in this controversy to Thomas Luther Leird and Robbie O. Leird. The deed contained the following exception clause:

EXCEPT all coal and asphalt lying in or under said land with right of ingress and egress to go upon said land and remove said coal and asphalt by strip mining method, which...

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