National Shawmut Bank of Boston v. Correale Mining Corp.

MOORE, Chief Judge.

This action instituted by The National Shawmut Bank of Boston (hereinafter referred to as the Bank) against Corréale Mining Corporation and Mart Lester and Ed Lester, doing business as Lester Coal Company (hereinafter referred to as Corréale and Lester, respectively,) seeks the surrender of certain coal leases and an injunction restraining Lester from mining coal from the property embraced in these leases.

By an instrument dated February 21, 1944, the Bank leased to Hamill Coal Corporation (hereinafter referred to as Hamill) all the coal in the Cedar Grove seam underlying a…