Neely v. Consol Inc.

OPINION

MOORE, Circuit Judge.

In this diversity case, Daniel B. Neely and approximately twenty-four other plaintiffs, the heirs of R.B. Neely (hereinafter “the Neely heirs”), appeal the district court’s summary judgment for defendants Consol Inc. and Consol of Kentucky Inc. (hereinafter “Consol”). The Neely heirs sued Consol in federal court claiming that Consol had breached the terms of a seventy-five-year lease agreement originally entered into by Consol’s predecessor in interest and R.B. Neely in 1948. This lease gave Consol the right to mine coal from the property in exchange for an annual…