Albert Pavlik and Anna H. Pavlik v. Consolidation Coal Co., Inc.

EDWARDS, Circuit Judge.

This appeal concerns a dispute about the interpretation of the defeasance clause of an easement for a “pipeline for transportation of coal slurry.” The easement had been granted by appellants’ predecessors in title to the land affected, to the predecessors in title of the appellee. Jurisdiction is based on diversity of citizenship and, hence, Ohio law applies. The District Judge who heard this case on a record consisting entirely of stipulated facts held that the fact that the pipeline had not been used for over one year to transport coal slurry, but was being…