Court of Appeals for the Sixth Circuit October 11, 1963, 15206_1 (Charles Thornberry v. Buchanan County Coal Corporation)

PER CURIAM.

Defendant purchased

all

of the coal in the Clintwood seam in land owned by plaintiff. The deed of conveyance therefor also granted mining rights but “to be exercised so as not to interfere unnecessarily with the mining of other seams” by plaintiff.

In removing the coal which defendant purchased, overlying seams of coal located on plaintiff’s land were deprived of support and collapsed.