Reconstruction Finance Corp. v. Kentucky River Coal Corp.

ARANT, Circuit Judge.

Appellee brought suit to enforce claims growing out of a lease of coal lands and mining equipment against the Gorman Coal Sales Company, joining the Reconstruction Finance Corporation, a superior mortgagee, as defendant, and praying the appointment of a receiver, the sale of property and other relief. From the decree ordering the sale of the leasehold and mining equipment as a unit, the Reconstruction Finance Corporation has appealed.

In 1932 appellee granted the Gorman Company the right to mine all the coal under certain described lands in Letcher County, Kentucky. The…