HAZARD COAL v. KENTUCKY WEST VIRGINIA GAS CO.

No. 01-5179.

311 F.3d 733 (2002)

HAZARD COAL CORPORATION, Perry County Coal Corporation, and Locust Grove, Inc., Plaintiffs-Appellants, v. KENTUCKY WEST VIRGINIA GAS COMPANY, L.L.C., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2002.


Attorney(s) appearing for the Case

Jay E. Ingle (argued and briefed), JACKSON & KELLY, Lexington, Kentucky, for Appellants.

Wayne F. Collier (argued and briefed), Kinkead & Stilz, Lexington, Kentucky, for Appellee.

Jeffrey J. Yost (briefed), Jackson & Kelly, Lexington, Kentucky, for Appellants.

Shelby C. Kinkead, Jr., (briefed), Kinkead & Stilz, Lexington, Kentucky, for Appellee.

Before: MERRITT and DAUGHTREY, Circuit Judges; WEBER, District Judge.


OPINION

MERRITT, Circuit Judge.

In this Kentucky diversity case, the question on appeal is whether plaintiffs or defendant must pay for the relocation of defendant's existing gas pipelines where plaintiffs wish to mine areas underlying these pipelines. Plaintiffs are Hazard Coal Corporation, the owner of surface and mineral rights on the contested property, its lessee, Perry County Coal Corporation, and Locust...

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