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CULBERTSON v. JNO. McCALL COAL COMPANY

Civ. A. No. 923.

275 F.Supp. 662 (1967)

William M. CULBERTSON, Jr., J. H. Franks, a mental incompetent, and Cora Franks and J. C. Franks, Committee for J. H. Franks, a mental incompetent, Plaintiffs, v. JNO. McCALL COAL COMPANY, Inc., a Maryland corporation, Clyborne, Inc., a West Virginia corporation, and C. A. Clyborne, Defendants.

United States District Court S. D. West Virginia, Bluefield Division.

September 28, 1967.

Attorney(s) appearing for the Case

Joseph M. Sanders, Sanders, Sanders & Bivens, Bluefield, W. Va., for plaintiff William M. Culbertson, Jr.

James W. Harman, Jr., Tazewell, Va., and L. R. Coulling, Jr., Hudgins, Coulling & Brewster, Bluefield, W. Va., for involuntary plaintiffs J. H. Franks and Cora Franks and J. C. Franks, Committee for J. H. Franks.

John S. McDaniel, Jr., Baltimore, Md., LeRoy Katz, Katz, Katz & Kantor, Bluefield, W. Va., and Carl C. Gillespie, Tazewell, Va., for Jno. McCall Coal Company, Inc., Cylborne, Inc., and C. A. Clyborne.

CHRISTIE, District Judge.

KIND OF ACTION

This is a civil action originally instituted by William M. Culbertson, Jr., a member of a partnership known as Whitewood Smokeless Coal Company, formerly engaged in mining and shipping coal in Buchanan County, Virginia, for the purpose of requiring defendants to account for the proceeds of sale of Whitewood's coal, shipped during the period July 1, 1948 to December 31, 1955, less the agreed selling commissions, and...

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