ESSEX COAL CO. APPEAL


411 Pa. 618 (1963)

Essex Coal Company Appeal.

Supreme Court of Pennsylvania.

July 2, 1963.


Attorney(s) appearing for the Case

Thomas F. Burke, with him Patrick J. Toole, Jr., and William H. Rivoir, Jr., for appellants.

E.C. Marianelli, for appellee.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, July 2, 1963:

These appeals are from an order of a Pennsylvania State Mining Commission awarding damages covering interests in a quantity of coal underlying a tract of land condemned by the Pennsylvania Turnpike Commission.

The appellant, Essex Coal Company (Essex), was the owner of the surface and underlying coal of 813 acres of land in Luzerne County. On April 13, 1934, Essex "granted, demised, leased and to mine let" to William...

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