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GREAT WESTERN LAND MANAGEMENT v. SLUSHER

Nos. 94-SC-516-DG, 94-SC-522-DG and 95-SC-431-DG.

939 S.W.2d 865 (1996)

GREAT WESTERN LAND MANAGEMENT, INC., Appellant, v. Arthur SLUSHER, et al., Appellees. Daniel D. STEWART, Jr., et al., Appellants, v. GREAT WESTERN LAND MANAGEMENT, INC., et al., Appellees. Arthur SLUSHER, et al., Cross-Appellants, v. GREAT WESTERN LAND MANAGEMENT, INC., et al., Cross-Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 27, 1997.

Attorney(s) appearing for the Case

Susan C. Lawson, Lawson & Lawson, P.S.C., Harlan, for appellant Great Western Land Management, Inc.

Karen J. Greenwell, Richard C. Ward, Wyatt, Tarrant & Combs, Lexington, Stuart Finestone, Finestone & Cardon, Atlanta, Georgia, for appellants Stewarts.

Keith Nagle, Glenn W. Denham, Denham, Golden & Nagle, Middlesboro, for appellees Slushers.

STEPHENS, Chief Justice.

This appeal concerns ownership of the mineral rights on a tract of land located in Knox County. The Slushers are the undisputed owners of the surface of the tract. The Stewart heirs hold the record title to the mineral estate on the property. Great Western Land Management Incorporated (Great Western) holds the mining leases, one from the Slushers and one from the Stewarts, on the property. The Slushers filed an action to quiet title of the...

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