Hospelhorn v. Circle City Coal Co.

ALLEN, Circuit Judge.

Appeal from a judgment in favor of Circle City Coal Company, an intervening petitioner in a receivership action instituted against the Norton Coal Company. Appel-lee in 1927 leased certain coal properties to the Nebo Coal Company. The lease was for a period of twenty years, and by its terms the lessee agreed to mine the upper stratum of coal by the strip method, and to pay the lessor as royalty ten cents per ton for each ton so mined, and to pay on the strip coal a minimum royalty on 100,000 tons per year, whether or not the coal was actually mined.

The lessee further…