BICKNELL MINERALS, INC. v. TILLY

No. 26A04-9001-CV-19.

570 N.E.2d 1307 (1991)

BICKNELL MINERALS, INC., Union Mines, Inc., and Parvin E. Day, Appellants (Defendants below), v. Norma J. TILLY, Richard Brocksmith, and Doris Jane Brocksmith, Appellee (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 10, 1991.


Attorney(s) appearing for the Case

Daniel C. Emerson, Colleen F. McNenny, Bose McKinney & Evans, Indianapolis, Rabb Emison, Emison, Doolittle & Kolb, H. Brent Stuckey, Hart, Bell, Deem, Ewing & Stuckey, Vincennes, for appellants.

L. Edward Cummings, Kimmell, Funk & Cummings, Vincennes, for appellee.


MILLER, Judge.

This appeal involves the alleged failure to pay royalties as provided in a ten-year coal mining lease between Bicknell Minerals and Norma Tilly and Richard and Doris Brocksmith, Owners of the leased premises. When Bicknell decided to stop mining more that two years before the expiration of the Lease, it stopped paying royalties. The trial court in a summary judgment proceeding ruled in favor Owners, holding that Bicknell owed the Owners additional royalties...

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