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KORMUTH v. U.S. STEEL COMPANY

379 Pa. 365 (1954)

Kormuth, Appellant, v. United States Steel Company.

Supreme Court of Pennsylvania.

November 8, 1954.

Attorney(s) appearing for the Case

W. Bertram Waychoff, with him Challen W. Waychoff, R. Wallace Maxwell and Waychoff & Waychoff, for appellant.

Charles E. Kenworthey, with him William Foster, Albert A. Sayers, Sayers, Hawkins & King and Reed, Smith, Shaw & McClay, for U.S. Steel Company, appellee.

Kenneth G. Jackson, with him C.M. Thorp, Jr., Earl F. Reed, Jr., Thorp, Reed & Armstrong, Walter C. Montgomery, Montgomery & Montgomery, John F. Wiley and Marriner, Wiley & Marriner, for Emerald Coal & Coke Company, appellee.

Before STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, November 8, 1954:

Plaintiff appeals from the decree of the court below dismissing his bill in equity whereby he sought to enjoin an alleged continuing trespass by defendants.

The facts found by the chancellor, and fully supported by the evidence, are:

In 1902 the Luse heirs, owners in fee, conveyed to the Monongahela River Consolidated Coal and Coke Company all of the coal of the Pittsburgh seam in and underlying some...

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