Legal Opinion
Watson v. Kenlick Coal Co.
District Court, E.D. Kentucky
Decided September 25, 1973No. Civ. A. No. 1603PublishedCited by 1 opinion
1Opinion of the Court
HERMANSDORFER, District Judge.
This action is before the Court on defendants’ Motion to Dismiss the Complaint for lack of subject matter jurisdiction, Rule 12(b), F.R.C.P. The question has been argued and briefed by counsel. It is the opinion of the Court that the Motion to Dismiss should be sustained for the reasons which follow.
Plaintiffs are private citizens who claim that destruction of surface rights owned by them in Magoffin County, Kentucky incident to the defendants’ past and prospective strip mining of minerals owned by defendants, is actionable in the United States District Court for…
2Cases cited8 opinions
- Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
- American Railway Express Co. v. KentuckySupreme Court of the United States · 1927
- American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
- Lilly Mae Onie Lee Whitelaw Hilliard v. John L. WilliamsCourt of Appeals for the Sixth Circuit · 1972
- Tracy v. GinzbergSupreme Court of the United States · 1907
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3Cited by1 opinion
- Mitchell Watson v. Kenlick Coal Company, Inc.Court of Appeals for the Sixth Circuit · 1974