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COMMONWEALTH v. FITZMARTIN

376 Pa. 390 (1954)

Commonwealth, Appellant, v. Fitzmartin.

Supreme Court of Pennsylvania.

January 12, 1954.

Attorney(s) appearing for the Case

H.F. Stambaugh, Special Counsel, with him H. Albert Lehrman, and Samuel M. Jackson, Deputy Attorneys General and Frank F. Truscott, Attorney General, for appellant.

Elkins Wetherill, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, January 12, 1954:

The Commonwealth filed a bill or complaint in equity to restrain defendants from engaging in strip coal mining on certain lands in Jefferson County owned by the Commonwealth. Defendants filed an answer averring their right as lessees of the mineral rights in this land to strip mine the coal on the surface. The parties agreed upon a stipulation of facts. The Court below denied plaintiff's application for an injunction...

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