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MCMILLEN v. ROCHESTER & PITTSBURGH COAL

No. 116, December term, 1970.

21 Pa. D. & C. 3d 371 (1973)

McMillen et al. v. Rochester & Pittsburgh Coal Co.

Common Pleas Court of Armstrong County, Pennsylvania.

October 25, 1973.

Attorney(s) appearing for the Case

Joseph A. Nickleach, for plaintiff.

Harold R. Schmidt and Henry McC. Ingram, for defendant.

GRAFF, J., October 25, 1973.

Plaintiffs filed a complaint in equity in this court seeking to enjoin defendant Rochester & Pittsburgh Coal Company from operating a coal ventilating fan upon a tract of land adjacent to the land owned by plaintiffs. The action was based upon the Restatement, Torts, §822, and it was contended that defendant corporation was maintaining a nuisance. After hearing, the petition...

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