Gibbons v. Tenneco, Inc.

MEMORANDUM OPINION

WILHOIT, District Judge.

This matter is before the Court upon defendant’s motion for judgment n.o.v. or, in the alternative, for a new trial and defendant’s motion for oral argument. The parties have filed responses and replies to both motions.

INTRODUCTION

The plaintiffs, Guy and Carolyn Gibbons, intervened in this action against the defendant, Tenneco, Inc., to enforce a so-called “coal clause” contained in the deed of an approximately 300 acre tract of land (hereinafter called the “Justice tract”) located in Greenup County, Kentucky. A three-day trial began on May 16, 1988…