Carter v. Certain-Teed Products Corp.

On petition for rehearing, original opinion withdrawn and modified as follows.

COLLET, Circuit Judge.

This action involved the construction of a lease given by plaintiffs-appellants 1 to defendant-appellee 2 for the quarrying and mining of gypsum rock on plaintiffs’ land near Fort Dodge, Iowa. The details of the transaction, many pertinent provisions of the lease, and the respective contentions of the parties concerning its meaning and proper construction are set out in the memorandum opinion of the trial court, Carter v. Certain-Teed Products Corp., D.C., 102 F.Supp. 280. We will repeat here…