In re Newkirk Mining Co.

GRIM, District Judge.

A lessor of certain coal bearing lands has petitioned this court to review the bankruptcy referee’s order permitting a trustee in bankruptcy to sell free and clear of any interest of the lessor certain quantities of coal silt, slate and refuse material produced by the bankrupt lessee and deposited by it on lessor’s premises prior to the bankruptcy.

Under a ten year renewable lease executed in 1956, Newkirk Mining Company, the bankrupt lessee, extracted coal from lessor’s lands by deep mining and stripping operations until September 21, 1961, on which date Newkirk was…