Carlson v. Kentucky Ridge Coal Co.

FORD, Chief Judge.

Pursuant to the decision in Carlson v. Asher Coal Mining Co., 6 Cir., 172 F.2d 243, the plaintiffs Hazel Carlson and Grace Harber were adjudged the owners, as tenants in common, of a tract of land of approximately 90 acres with which we are concerned in this action.

Prior to that litigation, which was instituted in this court in 1946, the 90 acre tract had been for a number of years claimed by Asher Coal Mining Company. In 1934 the right to mine the coal underlying this and other adjoining tracts was granted by Asher Coal Mining Company to the defendant, Kentucky Ridge Coal…