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WATSON v. KENLICK COAL COMPANY

Civ. A. No. 1603.

365 F.Supp. 456 (1973)

Mitchell WATSON et al., Plaintiffs, v. KENLICK COAL COMPANY et al., Defendants.

United States District Court, E. D. Kentucky, Pikeville Division.

September 25, 1973.

Attorney(s) appearing for the Case

William H. Allison, Jr., Louisville, Ky., for plaintiffs.

Baird & Baird; Stephens, Combs & Page, Pikeville, Ky., for defendants.

HERMANSDORFER, District Judge.

This action is before the Court on defendants' Motion to Dismiss the Complaint for lack of subject matter jurisdiction, Rule 12(b), F.R.C.P. The question has been argued and briefed by counsel. It is the opinion of the Court that the Motion to Dismiss should be sustained for the reasons which follow.

Plaintiffs are private citizens who claim that destruction of surface rights owned by them in Magoffin County, Kentucky incident...

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