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BURKE v. ISRAEL

264 Pa.Super. 286 (1979)

399 A.2d 779

Eugene BURKE, Appellant, v. Herman ISRAEL, Walter J. Fitzmartin, Jane A. Fitzmartin, Yvonne Eileen Clark O'Brien, Executrix of the Estate of Madeline P. Clark and Yvonne Eileen Clark O'Brien, Executrix of the Estate of John Clark.

Superior Court of Pennsylvania.

Decided March 16, 1979.

Attorney(s) appearing for the Case

Harry J. Gruener, Pittsburgh, for appellant.

Thomas Levendos, Pittsburgh, for appellees.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.

SPAETH, Judge:

This is an appeal from an order of the lower court granting a demurrer and dismissing a complaint in assumpsit.

The complaint alleges the following facts: In January 1965 appellees Walter and Jane Fitzmartin, John and Madeline Clark, and Herman Israel each acquired an interest in all coal and coal mining rights with respect to certain land in Clay, Owsley, and Perry counties in the State of Kentucky. John and Madeline Clark died, and in 1973...

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