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PITTSBURG & MIDWAY COAL MIN. CO. v. SHEPHERD

No. 89-7455.

888 F.2d 1533 (1989)

PITTSBURG & MIDWAY COAL MINING CO., Plaintiff-Appellee, v. J.C. SHEPHERD, Bowater Incorporated (successor to Hiwassee Land Company), and Amsouth Bank, N.A., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 13, 1989.

Attorney(s) appearing for the Case

Gray, Espy & Nettles, Isaac P. Espy, Tuscaloosa, Ala., for defendants-appellants.

Andrew P. Campbell, Jack W. Selden, Leitman, Siegal, Payne & Campbell, Birmingham, Ala., William T. Watson, Watson & Harrison, Tuscaloosa, Ala., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and SMITH, Senior Circuit Judge.

CLARK, Circuit Judge:

This appeal concerns a dispute over surface rights between the owners of land (the appellants, Shepherd, et al) and the owners of the minerals in the land (the appellee, Pittsburg & Midway Coal Mining Co., hereafter P & M). In 1912 J.C. Shepherd and his wife conveyed by severance deed to American Trust Company the title to coal and other minerals in the land, along with certain rights to use the surface in the mining of the lands. P ...

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