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CAMPBELL ET AL., APPELLANTS v. THE MONACO COAL MINING CO. ET AL., APPELLEES.

Supreme Court — Dismissal — No debatable constitutional question involved — Appropriation of property — Easement for state highway — Excavation of coal incident to highway construction — Sale of coal by highway contractor to private persons — Coal included in part of land denominated "waste" — Claim of land owner to compensation for coal sold — Judgment against owner — Inviolability of property — Section 19, Article I, Constitution.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART and TURNER, JJ., concur.

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CAMPBELL v. MONACO COAL MINING CO
(Mar 16, 1949)