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STONEGA COKE & COAL CO. v. PRICE

No. 4701.

116 F.2d 618 (1940)

STONEGA COKE & COAL CO. v. PRICE et al.

Circuit Court of Appeals, Fourth Circuit.

December 31, 1940.

Attorney(s) appearing for the Case

Mercer B. Tate, Jr., of Philadelphia, Pa. (Edward G. Taulane, Jr., and E. H. Molthan, both of Philadelphia, Pa., Robert T. Hubard, of Fayetteville, W. Va., James L. Camblos, of Big Stone Gap, Va., and Montgomery & McCracken, of Philadelphia, Pa., on the brief), for appellant.

Robert G. Kelly, of Charleston, W. Va. (William L. Lee, of Fayetteville, W. Va., and Brown, Jackson & Knight, of Charleston, W. Va., on the brief), for appellees.

Before PARKER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

This is the second appeal in a suit instituted to recover minimum rent or royalty under certain leases of coal lands. As the suit was originally instituted, recovery was asked for three quarterly instalments of rental then due, amounting to $9,000, and for general relief, and defense was made on the ground that defendant had withdrawn from the leases pursuant to the right reserved in certain withdrawal...

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