Armstrong v. Black Fox Mining & Development Corp.

HOUSE, P.J.,

— Plaintiffs bring this motion for summary judgment on the issue of liability against original defendant, Black Fox Mining and Development Corporation (Black Fox). Plaintiffs contend the record establishes the *758liability in trespass of Black Fox for the mining, removal and sale of coal allegedly owned by plaintiffs and located beneath two adjacent parcels of land in this county.

Plaintiff Clyde W. Armstrong is the trustee of the John I. Gearhart Memorial Fund, a trust, which is the assignee of all rights, titles and interests, including choses in action, in the corporate assets…