xt70zp3vt865_274 https://exploreuk.uky.edu/dipstest/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dipstest/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Moore, Kendall and Jay L. v. Pennegrade Oil and Gas Company and Louisville Gas and Electric Company [Part II] text Moore, Kendall and Jay L. v. Pennegrade Oil and Gas Company and Louisville Gas and Electric Company [Part II] 2016 https://exploreuk.uky.edu/dipstest/xt70zp3vt865/data/63m46/Box_25/Folder_6/6432.pdf 1920-1925 1925 1920-1925 section false xt70zp3vt865_274 xt70zp3vt865 __‘. . i . ..‘ ':fi
‘ ‘ 333;}: . m ,7.-1:713:31 -=fifi"£{.)}:T;':.
' ypearaficefl 1 5
Testimohy 0f Kendall fiscre~V 1 fi
Testimen; 3f Towns§l Comba~f 33 _
. Testimony of J. E. Allen 55 J
,‘ Teatimeny 65 Bruce Juneau ?1 c
: Testiuong 0f firgnk Hugheu 138 f
it 7 Testixcny at Eru06.?une&n (Recalled? l3? .
' Testimony 0f C. H. Dy?c 193 i
N Permitting Elaintifzs ta Rave Testimony cf V
= E. Borders 271 - i
j' Overruling .Qtiun to EQStruct Jury 273 L
Testimamy sf 0. J. Van rattan £73 3”” 5
i'» ~ Testimcny of Harriton fiorfiera (Ear ElaintiffS' 378
“‘ Testimony of HilB$ Gihfion $33 _
I Tewti any of Festa Harper 33$
3‘ Testimanj of :ill fiard £08
Teatimony of zloyd fieade 424
: Testimony 0f 0. H. Qtumbo (Rebuttal) i436 ,
L Objection to TestimonJ of U. H. mtumbo 437 ~ _
1 Overruling fiction to Direct Verdict 43?
t. Inmtruction Offered by Plaintiffs 48%
7V ' Inatructions Given by Court 4&9
i sxceytions to Infitructions 495
'T' Bxceptiona to Arhument of Mr. may Q93 _
%7 Afimenition of Court Regarding irgumentu 494
g; ‘ Verdict of the Jury 495
3%: Overxuling motion and Groundm for flew Trial 495
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 {fix-der .‘Eixtemiing; ‘fime to Prepare and: File Bill 4139
r i e P’- r1 - ¢7~H , e
' nmmm'ml on: heart 335‘: ll out)
Tax-(mien of iota;- oif‘ 4.3.113. i500 X
. :Zeporter’sz QihLlc?L to Ail}. £501
._., :‘ichatmle i302
’ Gloria‘s iicrtificggte 5,03 ,
? Catnioy E‘ileri m: Exhibit we;
Map or .Elra's‘ering: 330E} *
3:33;: or .:Erewing ~06; '

 /// , _ _ . .
4'
I FLOYE CIRCUIT COURT ' I
i!
‘v KENDALL MODRB & JAY L. MOORE, VLAIHTITTS. §
; AGAIIEIST //// ms'l‘Ii’Iou. I
34“”... on Re can. go. ,
I. LDUSIVILLE GAS & ELECTRIC COmPANY; D%F?WDAUT. i
I. I The plaintiffs, Kendall Moore and Jay L. floors
say that they are husuaud and wife and that on the 12th
day of August, 1920, they entered into a lease, contract, I
_ for the production of oil and gas from a tract of land g
I owned by them and located on Right Fork of Beaver Creek 3
I in Floyd County, Kentucky, bounded on the north by lands :;
H . of J. H. Allen, on the east by lands of I. R. Crisp, I?
. on the south by lands of Jonah fiebb Heirs and on the f
‘ west by lands of Jonah Webb and Troy Webb, containing :
aproximately 25 acres. That the defendant, Pennagrade I
' ' Oil and Gus Cowcany is, and at all the time: herein stated %
‘ was, a corporation organized under and by virtue of the a;
I IaWs of the fitate of New Jersey and as such has power and 4%
. authority under its charter to sue and be sued, to con— I;
tract and be contracted with, to plead and be impleaded 'j
" in its corporate name aforesaid. 3%
l " That the defendant, Louisville Gas so Electric I
' Company, is, and at all the time?! herein stated was, a
Z . corporation organized under and by virtue of the laws
V of the State of Kentucky, and as such has power and au-

 _V ’1 . .> c ‘ V, V‘ . ‘ _‘\
;'.. lg
on Lhority to sue coo be sued, contract and be contracted f
it with, plead and be implssdcd in its corporate name afore— a
said. :é

Plaintiffs say that by the terms of said lease, l

c a cosy of which is herewith filed onfl made part hereof, i
If the defendant, Pennsgrads Oil & Gas Company; undertook, :
?: pcomised ans surged to diligently develop said land and E
' produce therefrom both oil and gas or either of founfi :
" therein or thereunder and to pay therefor the sum of %
. $850.00 per year Quarterly in sGVsuce for each gas well E
'_ ' drilled thereon from which gas alone was found in paying a

quantities. That during tho continuance of said lease and g
' subsequent to the execution thercof the dsfeausnt, Pen— i
A negrsde Oil & Gas Company by some ccre moat between it and g
' its co~defendant, Lousiville Gas & Electric Company, sold g

V or assigned an interest therein to its co—defendsnt, musis~ E

, Ville “as & Electric Company, and the defendant jointly 5
l’ entored upon ssifl property and completed thereon two E
” walls from which gas wss for several months produced in g

‘ very large quantities aproximctely three million cubic Vi
'* feet of gas from each well and although said wells were §
,‘ continually producing large wusntitias of gas, yet the E

defendants, Penncgrade Oil & Gas Company and Louisville 2
4: Gas & filectric Company, unlawfully, wrongfully, without
1' right and in violation of the terms of s;id lease con-
t tract voluntarily entered upon said premises, drew from
’l one of said wells the casing therein, and filled up and
is —2-

 3. , ‘ _ ‘I ‘ , V ‘.1 . .,7\
” dootroyefi it and from the other of snio wells they vol— ,f
untarily, c relesoly, negligently and Trongfully pulleo l%
l the casino therein, drilled it to a preatur depth and ll
':I caused the water to flow into said well, Catt of and .9
' deotroy the flow of gas therefrom, thus completely des- ,?
troyino and rendering worthless each of sold wells. That _‘i
‘ although said defendant, Pennagrode Gil % Gas Company, ;
agroeu, undertook and promised to pipe from saio pre— ,3
fl miSeS all salt water produced from said wells, yet it i
and ito oo—fiofandnnt Louisville Gas & Electric Company, 1
f‘ I voluntarily, wilfully, and unlawfully and wrongfully, é
: without right and in violation of Enid oontrnot, aoree~ :
, ment and undertaking, knowingly suffered and permitted lg
3‘ the salt water flowing from said wells and each of them ‘3
. l
u to flow into the casing of Sula walls and thus destroy {
" the flow of gas therefrom and that the present condition -:
\ of said wells is such that they have both been renoerod ;
- worthless and Non-productive. §
1 V That the conéuct and acts of the solo defend— 'i
l ants in the particulars hereinbefore set out were wil- ,i
:; fully and known ano tho some constituted and is an act I?
l . of voluntary, wilful and wanton waste committed by thé "é
joint and concurrent negligence of both the defendants l
herein and each of them are responsible therefor in dam-
} ages to these plaintiffs.
V That snié gas wells are located on the lands of
f? these plaintiffs on Beaver Creek in Floyd County, Kentucky

 é
' through which lands a pipe line now runs which is owned _
by the defendants, Pennagrade Oil % Gas Company ano ‘;
Louisville Gas & Electric Company and both of solo wells I;
3’ are accessible to and convenient for marketing the pro- j
. ducts of said wells at a favorable price therefor and
that by reason of the wrongful, unlawful, ano negligent .1
‘ ’l
‘ acts of the éefeac’iants as hareinbeforo sumo these plain-
' tiffs hava been damaged in the sum of $25,900.00. é
mammal II
' Plaintiffs further complaining herein, reaf— 3
“ firming GuCh and every evormont of paragraph no her I '1
one hereof as fully as if written at length heroin, says 'l
1‘ that the defendants recognizing the obligation of the If
: covenant to diligently develop said land for oil ano ;
: gas, as in said arreemeot of lease set out, agreed after i
3‘ they had completod the two gold wells as afoyesaid, to  ;
pay to plaintiffs lessors therein, royaltieo or rentals E
the sum of $375.00 per well on said two wells per year '9
‘- in lieu of being compelled to further drill and develop l
' saifl property. Plaintiff States that althouyh defendants I :
;' agreed to pay them said sumo of money, yet said defendanfa ;
’ have violatoo and broken the terms of said agreement in ‘fi
=: that they have faileé and refused ano still fail and
refust to pay said rentals for more than two yearo past.
fi' -4—

 //‘ ‘ .,
.n
I
That there 1% now just, on: gast flue, ana u%olly un- ;
paid thcthase plaintiffs accrued rentala thereon the .
sum of $750.00 Which plaintiffa are entitlea to recovar
against the defendants. That same is a just claim and
they believe they ought to recover the Sims.
.EEREFQRfi, Plaintiffé pray that they recover .
, from fiefeud&ats a juflament in aamages in the sum of '
325,000.00, far all cost and all preper relief. I
Seconfi, Plaintiffs pray that they recover from ;
defiefldfints in &dditioa t0 the damages prayeé for, the f
" ., _ , . . 5
further Sum of 3750.09 fiS accruea Tente gnu royfiltles, and i
for costs and for all proper and appropriate, general and .,
. special relief. Finally they pray that they recover pun- ‘
alive fiamageg for voluntary WLSte committed ana that said I7
lease on account thereof be forfeitefi and 0&ncelled. 7'
. AI J. EIIJXY, / .
. Attorney for Plaintiffs. .
. STATE OF“ 2::;NTUCKY,
COUfiTY OF ?LOYD,....SCT. .=
The &ffiant Kendall Moore says that the state— _ §
manta containan in the above and foregoing petition are
true aw he believes.
KENLAlflgllOORB,
Subscribed and sworn to before me by Kendall
. . ~5-

 .‘ hoore, this the 2% flay of Enron, 1&23.
'~ .3..3. CLARK,
' Zlotery Public, Floyd County, Ky '
, ' 231:. mm 92.5 We“ "
.i AGR‘ZELJJIQT mafia this 12 day of 1195,1920, by
and between K. moors & Jay 1. Loore of Langley Kentucky, .
' and Pennegrade Gil & Gae Company, hereinafter reapectige- 1
' '. 1y called leevor and lessee, whether one or more. '
~ , That the lessor, for and in consideration of E
_T the sum of fine Lollars paid by leseee, the receipt of ,
'y which 18 hereby acknowledge&, and of the covenants and '
L, agreements hereinafter contnineu on the part of the lesvee g
, to be kept and performed, has granted, demiSed, leased f
1; and let, and by theee presents doen grant, demise lease ‘f
- and let unto the lessee, for the sole purpose of Oper— 3
'37 uting for oil anfl gee, installing gee pumps, leyino f
" pipe lines, building tanks, stations and structures f
’. thereon to produce, store and convey said products, with l
j', full right of way for all purposes incident thereto, all
' e
2E1,
, ‘ -e-
'2‘. , , . ,»,"‘ ', :-;v, . , 1, ,;«;;~”,>fi " '= "‘”"‘ .. K . 2 ,,,_3;,K:K:K?22e%3£éf’"5 /

 »
ell that certain tract of land situated in the county of
v Floyd, State of Kentucky, on the voters of Eight leaver .
Creek, deecribed as folaowe:
On the North by lenfie of J. M. Allen; ‘
0n the East by lands of W. R. Criep; 7
o On the South by lands of Jonah “ebb heirs; ‘
0n the lent by loans of Joheh Tehb % Troy Webb, -
' containing 25 acres, more or lose.
- TO HAVE AWE TO HOLD the some for the term of ‘l
, one gear from this date, and as long thereafter as oil i
V or gas or either of them is produceé from said land by i
' lessee, their aucceesors, or aesigne. 2
In consideration of the premises, the lessee L
I covenants and agrees:
  PERST: To pay the lorsor an royalty one-eiohth :
' part of the proceeoe of all the oil eevod and sold from
thot produced on said premise? end to run such oil to t V
pipe line companies to which less a may connect any well _:
H or wells. Q
830033: To pay leevor 250 Dollars each year :
quarterly in advance for the gas from each well where 3;
gas only is found while the same is being sold or need 'g
7 for other purposes than in Operating leased premises, é
' the leeeor to have gas free of cost from such well for E
u all stoves and inside linhtv in the principal dwelling é
. house on said land during the some time by making own it
-7- 5%;

 2 V V ‘ V , Mk
V connections with the well, at their own risk, subject to ‘
use and right of soandoamcnt of said well by lessor.
Also one gas engine for farming purposes if wanted by les- H
> nor. _4
THIRD: To pay lessor for gas produced from any
7 oil well, including casing—head gas, used or utilizad for }
other purposes than in operating leased premises, at _
. the rate of ~___ Collars per year for the time during ‘.
which such gas is used or utilized; payments to be made i
each thrcc months in advance.
' The lesson agrees to commence drilling a well '
on said premises within _~_from date, hereof, or pay at - .
. the rate of 53¢ per acre, for each additional 3 months
' . such commencement is delayed f om the time above men-
_' tionad. Th6 completion of such well shall be and Operate _‘
i . as a full liquidation of all rentals under this pro- J
: vision during the remainder of the term of this lease. 3d
_ Failure to commence Operation or pay rental :7
‘, ' as agreed shall render this lease null and void. d
‘ The lessee shall have the right to use, free '5
i from royalty or rental, oil and gas produced from said '
'_ land in drilling and opersting thereon, and also water "
= . from wells other than thOSe of the lessor. l
‘V' When requested by lessor, the lessee shall bury 1
l » , pipe lines, below plow depth. The leSvee shall pay for 'g
' . -8-

 dumageo caused by drilling to growing cropo. Loosae
‘ “wwwmmW
Iagroos to pipo all suit wuooy.
‘> If the leoooi owns a loos intereut than the
I eatiro umdiviéoa foe oimple in above lama; than the roy- V
Iv ulty and rentals heroinbefore orovideu shall be paid to
lefioor only in the preportion which his interest bear? 1‘
‘ to the entire fee. -
0n the termination of this lease for any cause
the lessee Sh&ll have the right at all timeo to remove all ,
machinery, and propefity placed on said promises, iu~
cluuinu tho right to draw and remove caminV, and all i
l machinery, property onu casino on solo promisen shall j
' remain the property of the leases.
“ fihé lfioo e is given the right to asoion this
'l lease in whole or in port and if it he asvioned as to ‘
. u particular portion of the acroage covered thereby '1
I lessee Shall be liable for royalties accruing only from 3
production on the acreage retained and be liable only ‘3
.“ in the proportion that the acreage unassigned bearo to the ‘
’ entire leaseé acreage. l
{, This lease shall be forfeited or cancelled only ;
for failure to make paymento for delays in drilling. :
, All stipulations, covenants, conditions, agree— :
meats, and terms of this instrument shall extend to and é
be binding upon the heirs, executors, successors, as— .i
l —9-

 /‘ ‘ ‘ » - . I“
§§§fi§ and the legal representative? of the parties here-
r5.
If the lessee shall conmenoe to drill a well e
y within the term of this lease or any extension thereof the -
’ lessee shall have the right to drill such well to com- _
I: pletion with reasonable diligence and dispatch, and if
oil or gas, or either of them, be found in paying nuan- "
titiee this lease shall continue and he in force With ,
’ like effect as if such well had been completed within the -
term of years herein first mentioned.
" All payments under this lease shall be made to
the lessor, or, iith like effect, check dor such payment I
, ‘ may be mailed to, Bank of 3. Moore Langley, ‘
I Kentucky. or its successore,f0r deposit to lessors'
credit.
_ 4 Clause: All locations possible to be drill~ ,
L ad or to be drilled before rie is noved (Clause 2) sea
for dvellinse of the immediate family on the above acre— _,
i are is to furnish. 1
Id RITNRSS EVEREQP, the parties have hereunto
I set their hands this the day and year first above writ— i
ten. If
I excuses: *
r. noose, '*
‘ Jay L. arose, “
Lessor. ,1

 /, . , ‘ \
.
, , CDBI BY 5. s. hnREEE.
BBMNAGR D; OIL 2 CAS CDMPLHY
Incorporated
‘ Field Office.
I Langley, ?.O., Floyd
County, Ky., .
_ fies. 15th,, 1920. *
home. of Agreement. 1
Whereas the Pennegrade all a Gas Tompany has
7 the lease on the lands of Kendall Moore dated and record~ ,1
‘ ed in which is provided that all possible locations be
drilled. It is agreed that whereas the wells have been ‘
- drilled and the Sennsagrade Oil % Gas Company, does not ’
desire to drill any additional wells at present. The f
Pennagrade Qil a Gas Company, agrees to pay rental of
1 $275.00 per year per well instead of the price per well
of d?50.0J per year, as set out in afors aid lease, and ’f
' Kendall Moore agrees in consideration of the increased
price that the Pennasrade Oil & Gas Company, will not be
Vi required to drill any additional wells under the terms :
i of the aforesaid lease. t
. SIGNED K. MOORE, . :
’ A PEI-FEMGRADLS on. .32 GAS (10.,
I" o. ViHPET‘l‘OU, sues.
' -11- ,i

 fl ‘- .\
Filed march i9, lflfifl.
- ’ HEXRY STD?R3YS, C 3 C C.
BY W. C. C081? 3 C.
ORDIHARY SULJCHS
’ THE CQMHDHWEAETE OF KQNTUCKY
TO THE SHERIFF O? VLUYE COUVTY:
You are commando; to summon Pennagrade Oil
' & Gas Comping, Louoiville Has a Slactrie Company, to
‘ LQSWGT, in 10 doys after the service of this summons,
y u petition filed against them in the Floyd Circuit Court
by Kondall Moore pad Jay L. Moore, 4nd warn them that ‘
* upon their failure to answer, the peti-ion will be
taken for confeemea, or they will be proceefiod against
for contdmpt, and you will make due return of this sum~ ,
mons within 13 d&yfi after the service thereof to the .
. Clerl‘S office of Snid Court. .
‘ Given under my hand as Clerk of said Court, this '
'- 99 day of March, 1923. :
HENRY STEEHENS, CLERK.
BY W. C. GDBLE D C. i
_ —12- . _ g

 : OFFICEE'E RETURN: "This summons executed on Oliver :.
VanPetton, procesa agent, for the ‘
Sennagrwde 011 an& Gas Company, and
Louisvilla G00 and Electric Company, .
by delivering him 0 true copy of this summons.
This April, 3, 1923. V
3:. V; ALL“; 1'1, Sherifflc
’ . Rer James A. gay, 3. S." ‘
GREEK"). FLOYI} CIRCUIT COURT.
(.1 I‘JIL CAELES‘ I.
fiPRIL RULEfl, APRIL Bud 1923. '
‘ KAE‘TDALL 33093412 J:.Y L. $00125; , 911:1?! TIFF.
:C};-.Is‘.?I-.‘.~'E /// / 03;: 131%.
' PEMIAGRADES OIL 3: GAZE- (303531131 Y, ‘
LJUIEYILLE GAS & ELECTRIC CSYPAEY, ESPEWDLYTS. '
Came thiS day Peanamrade 011 & Gas Company, by *
its counsel uné produeeu, which is ordereu filed petition
Lad Bond for removal of thia cause to tha Unitsc States
Eistrict Court for the Eastern Eistrict of Kentucky, and
" filed notice of its intention, duly acceptea on E0y 5th,
-13— ‘

 2 .1 _ . _ ‘A . _ . , .. . I!
I
‘ 1315, by L. J. Jag, as attorney for Kendall Moore and
Jay L. Moore. ‘
. FLOYD CIRCUIT COURT
" Kiiifflfaii HUGE.) 541.1“ L. i:1<;‘;|..)fili, PLAIIETITVS.
* AGAINST //// NOTICE. '
.' BfifiHnGR/D; OIL & Ga: COMEAHY AND, _
, LOUISVILLS GAS- Ec EELT‘iCTRIC CGEEEE’AHY, D'?’~3?"‘¥¥DATWS.
” The Plaintiffs, Kendall Moore and Jay t. Moore, m
y} and n. J. may, their attorney, will take notice that on Z
honday, May 7, 1923, being tho Lay Rule flay of the .
)1 Floyd Circuit Court, the éefondant, fiennograde 011 & Gas
. Company, will file in the office of the Clerk of the 1
' Floyd Circuit Court its Petition and Bond for the Re— W
moval of the above entitleo cause to the District Court
’ of the United States for the Eastern District of Ken~
mg: tacky. t:
u , o, ,
> This May 5, 19?3. ;
PEHNAGRADE OIL & GAS COMPANY,
, BY EEK”? O’DOER‘SRTV, AND
' JOSEPH D. HARKINS, L
. Attorneys. 3

 norvi;e accept i, no; 5, 1?2?:
Kfilfiill £8035, & JAY L. £3033, 4
BY A. J. HAY Attorney. 4
H FLDYE CIRCWIT COURT L
4 1333;33 HOGRT E JAY L. HUBER, ”EETNWI?TS. .
. AGAINST //// "PETITION 242:3?) 5)} -
. “DR TGHJVAL.
“ 31?”?fiflfiADT:{BIL &:f§l$ (VXJPATY %
N LOUISVILLE GNS & ELECTRIC 00., DE??flDAWTS. (
‘I TO THE HOflOEABLE JUDGE OF THE FLOYD CIHCWIT COURT: _
Your petitioner. ?enn¢grade Gil & Gas Com— .7
I oany, woulé respectfully repreeent and Show that it is g
‘ one of the defendants in the above entitled action, and ,1
= was at the beginning of this action, and ever since hos 7_
been, and still is a citizen of the State of Delaware,
: and that its principal office and place of business is at ' '-7
_‘ Wilmington, in the Etote of Delaware aforesaid; that it y
is a corporation createa by the laws of the State of _9
Dewaware (instead of the laws of the State of New Jersey, '“E
7. as alleged in the petition), and of no other State and J?
; . ., . 7 A . eos‘ . .._ . : .,. 7 -, .,7

 toot said action in of a civil nature; that the amount
in diopute in this action, exclusive of intoreot nno cost
exceeds the sum and value of more than i509000§§0§h$hathe ’
‘ time for pleadino under the laws of the State of Ken-
tucky has not yet expired, and your petitioner has not _
lv ' yet appeareo or pleaded in thio action; that this action
» was instituted in the Floyd Circuit Court by Kendall
Moore and Jay L. Moore, his wife, each of whom was at l
" the time of the filing of the petition heroin, and at
i‘ all times since, have been and now are citizens and re-
sidents of the County of Floyfl and State of Kentucky, and
. of no other State, and that the Said County of Floyd,
State of Kentucky, from which this removal is made, is '1
' situated within the limits of the United States, District ‘
Court for the fiaotern District of Kentucky. That said 1~
I action was instituted by the plaintiffs in the Floyd Cir— in
‘} oriil'; Court, State of Kentucky, and the plaintiffs allege '
i their ownorohip of a tract of land on the Eight Work of ”
_; Beaver Creek in Floyd County, Kentucky; that on the 12th ..
‘f day of August, 1920, they entered into an oil and nos ’
' leaoo with your petitioner covering the oroduction of
oil and gas from said tract of land. A copy of said V
, lease is file& with said petition. and the plaintiffs .
V' allege that this petitioner undertook and agreet to _g
1" diligently dSVelop said land and produce therefrom both '
‘- oil and gas. They further allege that after the execution _
‘ of said lease and during the cantinuunce thereof your :
I. ‘16- ‘ , V. . , . . :31;

 a ,
petitioner solo or assigned Jfl interest thsr in to the '
Louisville Gas l jlsotric Company, and that your netition~
er and the Said Louisville Gas & Electric Company joint-
- ly entered upon said property and completed thereon two
wells from which gas was produced for several months in
large quantities; that thereafter your petitioner and the
Louisville Gas a filectric Company wrongfully drew the
- casing from one of said wells and fillcu up and destroy—
ed it, and that in the other of said wells they vol-
' uutarily and wrongfully pulled the casing and drilled said
well to a greater depth and caused the water to flow into
Said well and destroy the gas therefrom, thereby alleging
' the complete destruction of each of said wells. That
your petitioner undertook and agreed to pipe from said
oremises all salt water produced from said wells, but
that 00th your petitioner and the Louisville Gas & Elec—
tric Company wrongfully permitted the salt water to flow
into the casing of Said wells and thereby destroy the
flow of gas therefrom; that the present condition of
said walls have been renders; worthless and non—product-
- ive; that the acts of the defendaats Were willful, and I
voluntary and wanton waste committed by the joint and con- ‘
I curring negligence of the joint defendants: that the ‘
I said gas wells were located on Beaver Creek Kentucky, to ‘
which a pipe line runs, which is owned by the defendants; “
that both wells were accessibka to said pipe line for .
. » ‘17- . ' _ 1;

 marketing the pro3icto of said wells, and that by reason
of the facts and alleeed aeoliaoot acts the plaintiffs
have been damaged in the sum of 525,000.00. 2y a fur—
ther paraeraph plaintiffs allege an agreement to pay to
. them the sum of $375.03 per well as royalties on each
|‘ of said wells in lies of being compelled to further drill
and develop said property, and seek to recover the sum '
of $750.00 hecausa of failure to pay said royalties.
‘ That your petition eiSputeX the claim against
it as set forth by tho plaintiffs in said petition, and
deny that the plaintiffs are entitled to the juuemont and
1‘ the relief prays» for against your oetitioner, or to any
judgment or relief against it, and your petitioner al—
leges that the fundamental and primary controversy as set
V forth in said petition is whether or not your petitioner
oy its acts pertaining to said wells has damaeed or des-
troyed same, or because liable therefor to the olain— ‘
tiffs, and that such controversy is a separable and eis- ‘
V tinct controversy between the plaintiffs and this peti— _
A tioner; that your petitioner further denies that it has _
, at any time since the execution and delivery of said lease,
\ sold or assigned an interest therein to its oo—defead~ of
ant, the Louisville Gas & Electric Company, or that the n
' said Louisville Gas and ..iilect'ric Company has ever had,
or that it not has, any interest in and to said lease. :
' -18- f

 Or that any of the sets mentioned and oomoleined of in *
said petition were some by your petitioner and the
‘ . Louisville Gas & Electric Company jointly, snfi allege
that each and every of vsifl acts which have been done
pertaining to said gas wells and each of them have been .
done by your petitioner solely, and that the centre"
~ versy herein is a separable and distinct controversy
_ between the plaintiffs and this petitioner; that e oom-
olete determination of said controveTSy can to had With-
out the presence of any defeadsnt in this action other
i then this petitioner, and that its oo—defondant herein
‘ is neither an indispensable nor noooessry party to the
' complete determination of said controversy.
Your petitioner further reopectfully represents .
one shows that its oo-defondsat, the Louisville Gas &
v fileotrie Company, Was joined as defeuflant herein Without -
‘ cease;therefor; that the said Louisville Gas & ilectric
Company has no interest in the matter involved in seid 1
f controversy and dia not commit or &o any of the acts men— s
. tioned enfi complained of in smid oetition; that the said
e Louisville Gas & Electric Company was srsudulently ~
‘ joined with your petitioner to prevent the removal of
V this cause by uour oetitioner. ix
’V Your petitioner further says that its 00- .
Kl defendant, the Louisville Gas & Electric Company, was .
f at the beginning of this action, and ever since has fl
i been end nor is a citizenand resident of the State of f

 icotuoky, with it; griuoipui viiice and place of busineSs '
I at Louiovilie ic omio photo aforesaid; that it is a cor—
torgtion creatoo by tho luWS of the fitato of Kentucky,
cad that its principal office and place of business is
: . locateo in too Jestern District of Eoutucky, and of no ’1
r? other District, Atatc or County, and that your petitioner '
, is a citizen of no other diatriot, State or County other 'i
:- than ac hereinboiorc Set out.
:V Your petitioner furtha: 8553 that it do£iroc ;»
to romuvc thio suit to the District Court of the Unitcfi -‘
~ states for the jcctorn District of Kentucky, and it pre— 1
' touts and filer herewith 5 good onG sufficient bond as
1‘ providod by the Statute in such cocoa made coo yroviéed; __
f . that it will ontor ia such dictrict Court of the Unitoc ,V
VI Stator for the Bactern District of Kentucky within thirty f
days from the filing of this petition, cause a certified '5
" copy of the record of this omit, and for payment of all i;
'i cootw which may be awarded by Said court. if the Said ('5
: District Court shall hold that this suit was wvoogfully £9
j or improperly removed thereto. lrittcn notice of petitimna %
; or‘o iutcntion to file this petition and mood for removal 1““ “3
‘ wac given to the plaintiffs prior to the time of tho 1
: filing of Emma, and said notice was duly accepted by >_
t Counsel for said plaintiffs, and is filofl herewith. 5i
Your petitioner thureforo prays that this ii
h Court proceed no further herein, except to make an order it}
‘ of removal, as required by law, coo to cccépt the bona xii

 presented herewith, and order a transcript of the re-
cord herein to be made for said District Court of the
United St tea for the western District of Kentucky, as
’7 provided by law.
. BEEJAGRaDE OIL a 933 COMPANY.
j 7 er mesa U'DUJflRTY, 4
Judiflfl B. Hiflaln ,
attorneys.
emit; UR ;sarucsr,
(,VIJHBI OJ. :11/‘11.; I I o I c a I I SCTI
' Joseph W. Earkins, being duly sworn on oath
" states that he in President of the defendant, Penna—
. grade Oil t Gas Company; that he has read the fore-
’ going pettttmnn and believes the same to be true.
” JOSEBH D. HARKIHE,
Sworn to before me by Joseph B. farting, this
the 7th day of may, 1925.
‘_ Erwin?! ;5T.)QE flit, C i3 C C.
“ -31-

 3‘},:"".f"~1 (1321973? {.‘.CS‘L'Tf—"T
iLJfiInEL£o§“OOEiZ, 5:;JeY 3m gganw., i?t-IHifiI‘FS,
AG):.I}'§ST //// ROWE ms. T
ELTHsGhnEL OIL & GAL COLPAflY h ‘
LJUISVILLJ GAo & ELflCTRIC COhPAHV, D??RWDAHTT.
K9710? All?) Elli}? BY THEJE i’Rifi‘fiifiTt-R: That we, Pen-
nsgrsde Oil & Gas Company, as Principal, sud Joseph D. '
Harkins, huroty, are held and firmly bound unto Kendall -
3 Moore and Jay L. hoore in the sum of filOO0.00, for which
payment we oind ourselves and our executors and adminis-
trators, jointly and separately firmly by these presents.
The conoitions of the above obligation is such
that, whereas, the said Peunagrsde Oil s Gas Company ‘
. hes petitioneo the Circuit Court of Floyd County for the ‘
removal of a certain cause therein ponfiino wherein Kenw
' dell Moore and others are plaintiffs , and the Pennasrsde '
0:1, 3. Gas Company and the Louisville fies :9: filecttic Com— ‘ ‘
psny are defendants to the District Court of the United
States for the fiastern District of Kentucky.
' Now, if the said Pennagrsoe Oil and Gas Com— .
peny shall enter in said District Court of the United '
States within thirty éeys from the filing of this peti—
tion itsoertified coPy of the record in said action, and ‘
shall well and truly pay all costs that may be awarded
' _ , , —$2- . l

 53 Sold Ziatrlfit Coart offire”;i@ if Shifi fiifitriot Coart
shall holfi that said aofiicq woo wronofnlly or improyerly
removed they to, shed thie ooligition shall be 3111 god . E
vOiéc
IE TjfiTfigéfiY 3%3343? Saifi parties havc hereto
mot their hoods, this one 7th day of Joy, 1937.
REHfiAGRfiDfi OIL % GAS COMPANY, '
By Joseph D. Horkino,
Presddent.
Joseph D. Barkins, Surety.
STETE OF KEHTUGKY,
COUHTY 0F FLOYD........SCT.
I, Joseyh Du HbrfiiflG, of ?rostonsburg, Floyd
Bouatg, Kentucky, fidTGtJ in the foruvoing mono, being
duly sworn dogoso onfi 3:: that I am a oitineq find rewi-
deat of the itéto of Kmntucky and a property holfler
theraio; that I am worth the sum of more than Ono
Thoqfinfld (31000.00) iollurr over 51C abOVC L11 debto ,
E ' and liabilitios, Ema erolusvie of property by law exempt
from execution, ané hflVE property in the Thato of Hen— E
tuoky liable to execution of the Value of more than One
Thousand ($1000.00) Dollars.
JOSEPH. 2}. IL:‘?£.’IHS, -'
Subscrib+d aué sworn to before me by Joseph
. . _35- E .‘

 T". ”Earrkias, ”chip €77.29. '7’257’2 (32.177 0:2.“ Eiffw’, 19533..
Hg‘EJIHY fi:‘~'2.'.:.3.’2{f'2‘.2?1::‘2, C I? C C.
A 3' 52072231.)": .
. .‘:, 1213331211213,
Judge Floyd Circuit Court.
’ Filea May 7, 1923.
ii-ijfifliY STEL‘EHLLEifi, C ‘.'" O C. .
CELEBS. FLOW) CIRCUIT COURT. ’
CIVIL CAUSE: .
‘ 32.5.23?! BULEL, .'...éY 7th, 1925.
25.21?th1) MOORE, .‘23’21‘C. , '5? LA): 357711322‘91.
AC INST //// 03332.
PJEIFWIAGRAE2‘; OIL .232 G222- COLiPAHY, ET .»‘-.L. , DEFEQLTE‘JANTSJ.
Came this day the defendant, Louisville Gas '
8c inlectric Company, producaé and filed its Demurrer to
2 the petition herein and without 2.2.2aivi7'1g 55:216. demurrer, 1
‘ but specially reserving and insisting upon the same. _2
~24- i

 . produced aam,giioo ifla mogarate AflSWGI herein.
FLDYE CIECHIT C032?
’ EfifiBALL MOORE, LTC., ?LAIHTI?FS.
‘ smxlmrm ,llf/ / ‘fit~1,.;'nva\r;nm
-..~ . .. .. ;. / ..‘ ’ y»‘. .. m~.‘..4..l
-‘ Pmfifigfifigbg QIE @ GAS-CQAPANY, 3?C., DEF$WDAETS. ‘
The defonfiant, Louisville Gas & Electric Com-
' pony, uemur? to plaintifffi‘ potition herein filei, and
for oouse assigno:
FIRST: To Paragraph 1 thereof, because the some
’ doe: not State factfi Sufficient to constitute or support I
& Ofiuse of aotionxflgainst this defendant.
f fiECQNE: To Paragraph 2 thereof, becauSe the .
f Eame doeonot state facts sufficient to constitute or
' support a canoe of action againot this oefendunt.
'5 T3133: To the petition as a omele, because
the some 3068 not state footo sufficient to constitute
.y or support a cause of action against this defendant. '
LGUISVILLR GAS & fiLECTRIC C0.,
- BY JOSEPH D. HARKFNS, ;

_ Attorney. ‘

 4..-..:”) z.) ‘ TE'IJ‘HZSI-Z ‘32" ,
. 9f Counaal.
.' ‘.:?i'leu .:.-25.5: 7" 19:".
f lflfl;fiY‘fMfli?H§fiH3, C F 0 Ch
. FLuYD CIRCUI