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DRUMMOND CO. v. WALTER INDUSTRIES, INC.

1041029 and 1041221.

962 So.2d 753 (2006)

DRUMMOND COMPANY, INC. v. WALTER INDUSTRIES, INC., et al. United Land Corporation v. Drummond Company, Inc.

Supreme Court of Alabama.

Rehearing Applications Denied February 16, 2007.

Attorney(s) appearing for the Case

William Anthony Davis III and Philip G. Piggott of Starnes & Atchison, LLP, Birmingham; and Wilbor J. Hust, Jr., of Zeanah, Hust, Summerford & Williamson, L.L.C., Tuscaloosa, for appellant/cross-appellee Drummond Company, Inc.

Hobart A. McWhorter, Jr., John D. Watson III, Nathan A. Forrester, and R. Thomas Warburton of Bradley Arant Rose & White, LLP, Birmingham; and William J. Donald of Donald, Randall & Donald, Tuscaloosa, for appellees/cross-appellants United Land Corporation; Walter Industries, Inc., and Jim Walter Resources, Inc.

Michael D. Smith and J. Griffin Waters of Hubbard, Smith, McIlwain, Brakefield & Browder, P.C., Tuscaloosa, for Tuscaloosa Resources, Inc.

STUART, Justice.

This appeal and cross-appeal involve the right to strip-mine coal pursuant to leases and other agreements between Drummond Company, Inc., and United Land Corporation and its parent, Walter Industries, Inc. ("Walter"), or the predecessors to those entities. Multiple agreements are involved, the first of which was executed nearly 40 years ago.

In case no. 1041029, we affirm. In case no. 1041221, we affirm in part and reverse in part.

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