Wallins Coal Corp. v. Fordson Coal Co.

ANDREW M. J. COCHRAN, District Judge.

This action is before me on plaintiff’s motion to remand. It was removed on the sole petition of the defendant Fordson Coal Company, and that on the ground of separable controversy.

It is an action to recover $5,000 damages for breach of a covenant contained in a mining lease made by the plaintiff to Will Ward Duffield October 22, 1915, of certain coal lands in Harlan county in this district to mine the coal in said land. The lease contained a provision that the lessee should not assign the lease without the lessor’s consent. On the same date, to wit,…