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BETHLEHEM MIN. v. CHURCH AND MULLINS

No. 93-SC-587-TG.

887 S.W.2d 327 (1994)

BETHLEHEM MINERALS COMPANY, Bethlehem Mines Corporation, Beth-Elkhorn Corporation, and Bethenergy Mines, Inc., Appellants, Appellees and Cross-Appellants, v. CHURCH AND MULLINS CORPORATION, Claude Johnson, Administrator of the Estate of John Johnson and Individually, Charlie Johnson, Jack Johnson, Martha Kendrick, Priscilla Stiltner, Hazel Johnson, Ben Johnson and Molly Thornberry, and Betty Jane Johnson Stewart, Appellees, Appellants and Cross-Appellees.

Supreme Court of Kentucky.

November 23, 1994.

Attorney(s) appearing for the Case

John A. Bartlett, Joseph L. Hamilton, Lively M. Wilson, Stites & Harbison, Louisville, Thomas E. Meng, Stites & Harbison, Lexington, Morton J. Holbrook, Jr., Holbrook, Wible, Sullivan & Mountjoy, Owensboro, John M. Stephens, Stephens & Hurt, Lexington, for appellants, appellees and cross-appellants.

Herman W. Lester, Pikeville, Gary C. Johnson, Pikeville, Gilbert K. Davis, Gilbert K. Davis & Associates, Fairfax, VA, S. Strother Smith, II, Abingdon, VA, for Church and Mullins Corp., et al.

STEPHENS, Chief Justice.

This action commenced in 1964 when Bethlehem Minerals Company, Bethlehem Mines Corporation, Beth-Elkhorn Corporation, and Bethenergy Mines, Inc. ("Bethlehem") filed an action for injunctive relief against John Johnson in the Pike Circuit Court. Bethlehem's complaint charged that Johnson was hindering its survey efforts in preparation for deep mining of the mineral estate underlying certain property...

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