HUTCHISON v. SUNBEAM COAL CORP.


513 Pa. 192 (1986)

519 A.2d 385

Glenn C. HUTCHISON and Virginia Hutchison, his wife, Appellees, v. SUNBEAM COAL CORPORATION, Appellant.

Supreme Court of Pennsylvania.

Decided December 16, 1986.


Attorney(s) appearing for the Case

Leo M. Stepanian, Stepanian & Muscatello, Thomas W. King, III, Dillon, McCandless & King, Butler, for appellant.

Charles E. Gutshall, Baskin Flaherty Elliott & Mannino, P.C., Philadelphia, for amicus curiae Pennsylvania Coal Mining Ass'n.

Henry Ingram, Thomas C. Reed, Rose, Schmidt, Chapman, Duff & Hasley, Pittsburgh, for amicus curiae Keystone Bituminous Coal.

Peter H. Shaffer, Butler, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION OF THE COURT

HUTCHINSON, Justice.

Appellant, Sunbeam Coal Corporation, appeals by allowance Superior Court's order reversing Butler County Common Pleas. 349 Pa.Super. 625, 503 A.2d 54. Common Pleas had denied appellees relief in their suit for a declaratory judgment. The court construed a coal "lease" they had granted appellant to continue as long as appellant paid minimum advance royalties to appellees,...

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