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CYPRUS MOUNTAIN COAL CORP. v. BREWER

No. 91-SC-999-I.

828 S.W.2d 642 (1992)

CYPRUS MOUNTAIN COAL CORPORATION, a/k/a Lost Mountain Mining, Inc., Movant, v. Charles BREWER, Manuel Jones, Beulah Davis, Nick Criss Trucking, Inc., Jeanette Jones, James Jones, Brack Baker Trucking, Inc., Ollie Jones, Lester Asher, Stanley Watts, Bobby Terry, Willie Miller, Sheila Fugate, Billy Ray Combs, Larry Standafer, James Hatton Trucking, Inc., Leonard Davis, John S. Stacy Trucking, Inc., James E. Napier Trucking, Inc., Wayne Patrick, John Baker, Nora Jones, Shirley Fugate and Bulan Trucking, Inc., Respondents.

Supreme Court of Kentucky.

April 9, 1992.

Attorney(s) appearing for the Case

Ronald G. Combs, Gullett, Combs & Branham, Hazard, Charles E. Shivel, Jr., P. Douglas Barr, Stoll, Keenon & Park, Lexington, for movant.

John R. Hansen, Hazard, for respondents.

Sara Walter Combs, Lexington, Clarence A. Noble, III, Hazard, amicus curiae.

OPINION AND ORDER

Movant, Cyprus Mountain Coal Corporation, a/k/a Lost Mountain Mining, Inc., petitions this Court under CR 65.09 for dissolution of an October 15, 1991, Perry Circuit Court order granting a mandatory temporary injunction to Charles Brewer and other named respondents. Under this order the court directed Cyprus Mountain Coal Corporation (hereinafter described as "Cyprus") to reinstate the coal hauling services of respondents or else be held in contempt...

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