Legal Opinion

United States v. Stearns Coal and Lumber Company

Court of Appeals for the Sixth Circuit

Decided June 2, 1987No. 86-5560PublishedCited by 7 opinions

1Opinion of the Court

ENGEL, Circuit Judge.

The issue for decision is whether under Kentucky law Stearns Coal and Lumber Company, under a reservation of mineral rights in a deed of surface land to the United States, may engage in strip mining when the deed reserving its mineral rights is silent on the subject. The district court held that Stearns could not strip mine without first securing permission of the surface owner, the United States. We affirm.

In 1937, Stearns conveyed by deed to the United States the surface rights in 46,842.4 acres in Wayne and McCreary Counties, Kentucky, reserving certain mineral rights.…

2Cases cited8 opinions

  1. Buchanan v. WatsonCourt of Appeals of Kentucky (pre-1976) · 1956
  2. Martin v. Kentucky Oak Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1968
  3. Croley v. Round Mountain Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1964
  4. Peabody Coal Company v. D. J. Erwin and Juanita ErwinCourt of Appeals for the Sixth Circuit · 1971
  5. Department for Natural Resources & Environmental Protection v. No. 8 Ltd. of VirginiaCourt of Appeals of Kentucky (pre-1976) · 1975

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Stearns Co. v. United StatesUnited States Court of Federal Claims · 1995
  2. Stearns Co. v. United StatesUnited States Court of Federal Claims · 2002
  3. Papco, Inc. v. United StatesDistrict Court, W.D. Pennsylvania · 2011
  4. United States of America, Frederic J. Cowan, Attorney General of the Commonwealth of Kentucky, Intervening v. The Stearns CompanyCourt of Appeals for the Sixth Circuit · 1992
  5. United States v. The Stearns Company (Formerly Known as Stearns Coal and Lumber Company)Court of Appeals for the Sixth Circuit · 1989

2 more not listed; retrieve them via the Exa API.

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