Roberts v. Twin Fork Coal Co.

SWINFORD, Chief Judge.

This is an action for damages and an injunction by a property owner against the lessee of the minerals underlying his land. The gist of the action is that the defendant, a mining company, is strip mining and augering coal from the land and that the attendant damage to the surface is not permitted by the mineral conveyance. The case is now before the Court on the defendant’s motion to dismiss the complaint. The presentation of certain background information at this point will clarify the issues involved in the case.

This controversy has features in common with a number of…