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COCHRAN COAL CO. v. MUN. MANAGEMENT CO.

380 Pa. 397 (1955)

Cochran Coal Company, Appellant, v. Municipal Management Company.

Supreme Court of Pennsylvania.

January 7, 1955.

Attorney(s) appearing for the Case

Fred B. Trescher, with him Howard M. Whitehead, for appellant.

Robert W. Smith, with him Ernest R. Von Starck, Morgan, Lewis & Bockius, John G. Gaut, and Smith, Best & Horn, for appellees.

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

OPINION BY MR. JUSTICE JONES, January 7, 1955:

The plaintiff company sought by this action of trespass to recover damages for the occupation by the defendants of a substantial part of its coal lands and mining rights in Westmoreland County, Pennsylvania. The court en banc sustained preliminary objections to the complaint and entered judgment for the defendants. This appeal by the plaintiff followed. The basic legal question involved is whether the injuries to the...

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