Belville Mining Company, Cross-Appellants v. United States of America, Cross-Appellees

DAVID A. NELSON, Circuit Judge.

This case involves a dispute as to whether strip mining rights were reserved by certain Ohio landowners who conveyed four tracts of land to the federal government some years ago. In a decision reported at 763 F.Supp. 1411 (S.D.Ohio 1991), the district court determined that the grantors of three of the tracts *991did reserve such rights and that the grantor of the fourth (a 5,763 acre tract known as the Culbertson property) did not. We find no error in these determinations. Contrary to a conclusion reached by the district court with respect to the Culbertson tract,…