Peabody Coal Co. v. Pasco

ELR Citation: ELR 20007
No(s). 71-1187 (6th Cir. Dec 15, 1971)

Under Kentucky law, whether a deed of mineral rights includes the right to strip mine coal depends upon whether the parties intended the mineral owner's rights to use the surface to be superior to any competing right of the surface owner. A 1919 deed which conveyed mineral rights in language that is...