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COM., INS. DEPT. v. PA. COAL MINING ASSN. ET AL.

No. 1305 C.D. 1975.

25 Pa.Commw. 3 (1976)

Commonwealth of Pennsylvania, Insurance Department v. The Pennsylvania Coal Mining Association, Kerry Coal Company, Moshannon Falls Mining Company, Shawville Coal Company, Sunbeam Coal Corporation, West Freedom Mining Corporation and Reading Anthracite Company, Appellants. Coal Mining Compensation Rating Bureau of Pennsylvania, Intervenor.

Commonwealth Court of Pennsylvania.

June 1, 1976.

Attorney(s) appearing for the Case

John M. Elliott, with him Steven L. Friedman, Constance B. Foster, and, of counsel, Dilworth, Paxson, Kalish & Levy, for appellants.

Linda S. Lichtman, Assistant Attorney General, with her Andrew F. Giffin, Chief Counsel, for appellee.

Wilbur S. Legg, with him Spencer LeRoy; Lord, Bissell & Brook; Thomas R. Balaban; and Shaffer, Calkins & Balaban, for intervening appellee.

Argued March 1, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge ROGERS did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, June 1, 1976:

The Commonwealth of Pennsylvania, Insurance Department's (appellee) motion to quash this appeal as not having been taken from an "adjudication" and before the Pennsylvania Coal Mining Association and various individual coal companies (appellants) had exhausted their administrative remedies also highlights the substantive issues on appeal.

On June 27, 1975, the Coal Mine Compensation Rating Bureau of Pennsylvania...

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