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SECHAN LIMESTONE v. COMMONWEALTH

Appeal, No. 303 C.D. 1970.

4 Pa.Commw. 621 (1972)

Sechan Limestone v. Commonwealth.

Commonwealth Court of Pennsylvania.

March 8, 1972.

Attorney(s) appearing for the Case

Thomas J. Dempsey, with him Armand Cingolani, Jr., and Cingolani & Cingolani, for appellant.

David A. Johnston, Jr., Assistant Attorney General, with him Guy S. Mamolito, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellee.

Argued June 1, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS. Judge MANDERINO did not participate in the decision.

OPINION PER CURIAM, March 8, 1972:

After argument before the Court en banc, the Court being equally divided, the order of the lower court is hereby affirmed.

OPINION OF JUDGE ROGERS IN SUPPORT OF AFFIRMANCE:

In Porter v. Commonwealth, 419 Pa. 596, 215 A.2d 646 (1966), an earlier round of this protracted litigation, the Supreme Court held that the damages to appellant Sechan's interest in the minerals in five tracts...

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