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TAYLOR v. COAL-MAC, INC.

No. 91-CA-389-MR.

864 S.W.2d 302 (1992)

Marion TAYLOR and Patty Taylor, Appellants, v. COAL-MAC, INC., Triple Elkhorn Mining Co., Inc., CSX Minerals, Inc., and George Barnett, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Granted February 10, 1993.

Rehearing Denied April 2, 1993.

Discretionary Review Denied November 17, 1993.

Attorney(s) appearing for the Case

John M. Rosenberg, Appalachian Research & Defense Fund, Prestonsburg, for appellants.

D.B. Kazee, Francis, Kazee & Francis, William S. Kendrick, Prestonsburg, for appellee, Coal-Mac, Inc.

James A. Combs, Combs & Stevens, Prestonsburg, for appellee, CSX Minerals, Inc.

Clifford B. Latta, Latta, Latta & Brown, Prestonsburg, for appellees, Triple Elkhorn Mining Co. and George Barnett.

Before HOWERTON, HUDDLESTON, and MILLER, JJ.

HOWERTON, Judge.

Marion and Patty Taylor appeal from a summary judgment in favor of Coal-Mac, Inc., Triple Elkhorn Mining Co., Inc., and CSX Minerals, Inc., who are mineral owners or lessees, and George Barnett, who was the previous surface owner of the property in question. Because we determine that the Taylors were the parties entitled to a summary judgment on the cross-motions, we reverse.

The Taylors are the surface owners of approximately 225 acres in...

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