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T.W. PHILLIPS GAS & OIL CO. v. KOMAR

424 Pa. 322 (1967)

T.W. Phillips Gas and Oil Company v. Komar, Appellant.

Supreme Court of Pennsylvania.

March 14, 1967.

Attorney(s) appearing for the Case

Robert C. Earley, for appellants.

John L. Wilson, with him William T. Pierce, for appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, March 14, 1967:

This is an appeal by defendants, Anna Komar and Michael F. Komar, from a final decree in equity, enjoining them from interfering with the plaintiff's use of a gas well on appellants' property. Appellants' predecessor in title granted the appellee an oil and gas lease covering the tract of land now owned by the appellants. The lease was granted on February 28, 1933, and recorded in Indiana County. The primary term

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