SWINFORD, District Judge.
The facts in this case are briefly these: The 20th Century Coal Company owned a tract of land in Ohio County, Kentucky, adaptable to strip mining. In 1947 it began stripping coal which resulted in the creation of a ditch or place where water accumulated. There were at that time other mining operations — underground mining operations — going on adjacent to its property. The plaintiffs in 1949 purchased this underground mine from...
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