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L.C.S. COLLIERY, INC. v. GLOBE COAL CO.

369 Pa. 1 (1951)

L.C.S. Colliery, Inc., Appellant, v. Globe Coal Company.

Supreme Court of Pennsylvania.

November 13, 1951.

Attorney(s) appearing for the Case

Sebastian C. Pugliese, with him Thomas S. Barbor, James W. Mack, Jr. and Arnold D. Smorto, for appellant.

Frank P. Barnhart, with him James L. Jack, for appellees.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE LADNER, November 13, 1951:

Plaintiff appeals from the decree of the chancellor, confirmed by the court en banc, dismissing its bill for specific performance of an agreement to convey certain real estate.

The facts as found by the chancellor show that on the 19th day of September, 1940, plaintiff's assignors, as lessees, entered into an indenture of lease with the defendant corporations, namely, the Globe Coal Company

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