Huss v. Smith

VAN DUSEN, District Judge.

The trial judge makes the following findings of fact and conclusions of law:

I. Findings of Fact

1. Plaintiffs, George Huss, Wesley Huss and Russell Huss, during the years 1944 to 1947, were members of a partnership engaged in the business of mining *226coal by the strip mining method, with a principal place of business at Ringtown, Schuylkill County, Pa.

2. Pursuant to written agreements with the Philadelphia and Reading Coal & Iron Co. (hereinafter called “Reading”), denominated P-22, P-22B, P-29, P-32 and P-35, dated, respectively, May 27, 1944, February 23, 1945, May 8,…