District Court, E.D. Kentucky October 14, 1963, No. 737 (Roberts v. Twin Fork Coal Co.)

SWINFORD, Chief Judge.

This is an action for damages and an injunction by a property owner against the lessee of the minerals underlying his land. The gist of the action is that the defendant, a mining company, is strip mining and augering coal from the land and that the attendant damage to the surface is not permitted by the mineral conveyance.