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ROGERS v. JEWELL

Civ. A. No. 76-0232-BL.

520 F.Supp. 243 (1981)

Louisa D. ROGERS, L. E. Rogers, Jr., Lacta M. Rogers Mabe, and Vici Lou Rogers Dumont, sole heirs at law of L. E. Rogers, deceased, Plaintiffs, v. Randall L. JEWELL, Ola Gaye Jewell, A. B. Jewell, and Lilly B. Jewell, Defendants.

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

August 20, 1981.

Attorney(s) appearing for the Case

Sterl F. Shinaberry, Charleston, W. Va., for plaintiffs.

J. Strother Crockett, I. Mann Litz, Welch, W. Va., for defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

KIDD, District Judge.

In this diversity action plaintiffs claim to be the owners of an undivided two-thirds interest in the coal underlying a 188 acre tract of land situate in McDowell County, West Virginia. Plaintiffs further claim that defendants have wrongfully entered upon the land and extracted coal and seek, inter alia, an accounting of rents, profits and royalties, money...

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