Begley v. Peabody Coal Co.

ENTRY ON SUMMARY JUDGMENT

HAMILTON, District Judge.

Plaintiffs are the lessors under a coal mining lease executed in 1967. In Count II of their third amended complaint, plaintiffs seek a declaration that the lease has terminated because the lessee, defendant Peabody Coal Company, did not actively mine the leased property for ten years between 1986 and 1996. On July 1, 1997, the court denied plaintiffs’ motion for summary judgment on the claim, explained why it believed defendant Peabody was probably entitled to summary judgment on the claim, and allowed the parties an opportunity to respond.…