MCI MIN. CORP. v. STACY

Nos. 88-CA-574-MR, 88-CA-761-MR.

785 S.W.2d 491 (1989)

MCI MINING CORPORATION and Cyprus Southern Realty Corporation, Appellants/Cross-Appellees, v. Adrian STACY, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing September 29, 1989.

Discretionary Review Denied by Supreme Court April 18, 1990.


Attorney(s) appearing for the Case

Ronald G. Combs, Hazard, for appellants/cross-appellees.

Joe F. Childers, Lexington, for appellee/cross-appellant.

Before CLAYTON, HOWARD and WILHOIT, JJ.


HOWARD, Judge.

In this case, the appellants/cross-appellees appeal from a judgment of the Perry Circuit Court holding them liable to the appellee/cross-appellant for damages to a tract of land to which the parties each owned a one-half undivided interest in the surface estate and the lessor of the appellants/cross-appellees was the sole owner of the mineral estate, calculated on a per ton basis for each ton of coal mined from and each ton of foreign coal transported...

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