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COLE v. ROSS COAL COMPANY

Civ. A. No. 823.

150 F.Supp. 808 (1957)

Albert H. COLE, Charles H. Stephens, Jr., and Louise K. Laws, Trustees of Cole & Crane Real Estate Trust, Plaintiffs, v. ROSS COAL COMPANY, a Corporation, Defendant.

United States District Court S. D. West Virginia, at Huntington.

May 2, 1957.

Attorney(s) appearing for the Case

S. S. McNeer, Huntington, W. Va., for plaintiffs.

E. A. Marshall, Huntington, W. Va., for defendant.

HARRY E. WATKINS, District Judge.

This is an action for declaratory judgment brought under 28 U.S.C.A. § 2201, seeking construction of a deed and a declaration of the rights of the parties thereunder. Plaintiffs are trustees of a real estate trust created in 1916, and are citizens of Indiana and Ohio. Defendant is a West Virginia corporation.

The deed in controversy, dated August 10, 1939, concerns real estate and underlying coal seams situated in Logan...

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