Gerald S. Wiggins and Larue G. Wiggins, Cross-Appellants v. Warrior River Coal Company, a Corporation, Cross-Appellee

FAY, Circuit Judge:

Plaintiffs-appellees, Gerald S. Wiggins and LaRue G. Wiggins (“Wiggins”), brought this diversity action against defendant-appellant Warrior River Coal Company (“Warrior”) seeking $125,000.00 in damages, which amount represented the remaining minimum advance royalties allegedly due under a coal mining lease executed by the parties on October 24, 1977. The Wiggins moved for summary judgment. The trial court issued an order and memorandum opinion, dated October 13, 1981, granting Wiggins’ motion for summary judgment and awarding them damages in the amount of $125,000.00.1…