United States Sixth Circuit

Under Kentucky law, a lessor's demand of royalty payments from lessee does not provide sufficient notice of lessor's intent to have a lease forfeited for breach of the implied covenant to develop the property.

Appellate Information

• Argued 08/02/2001
• Decided 09/26/2001
• Published 09/26/2001

Judges

• Before CLAY and GILMAN, Circuit Judges;  WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Todd B. Portune (argued and briefed), Cohen, Todd, Kite & Stanford LLC, Cincinnati, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Wayne F. Collier (argued and briefed), Shelby C. Kinkead, Jr., (briefed), Kinkead & Stilz, Lexington, KY, for Defendant-Appellee.