Ted Newman v. Hi Hat Elkhorn Coal Company

This ease originated in the Circuit Court of Floyd County, Kentucky and was removed by the coal company to the District Court on the ground of diversity of citizenship.

It was an action to recover damages and for injunction to restrain defendant from the processing of coal and dumping of refuse therefrom on plaintiff’s lands which coal had been mined on lands other than plaintiff’s.

The District Judge heard the case without a jury and at the close of the evi dence delivered an oral opinion in which he found in favor of the coal company and dismissed the complaint. He did not adopt findings of…