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JOHNS v. CASTELLUCCI

264 Pa.Super. 591 (1979)

401 A.2d 753

Burton JOHNS and Winona Johns, Appellants, v. Joseph A. CASTELLUCCI, Louise D. Castellucci, Anthony J. Cindrich, Stella D. Cindrich and Ronald A. Cindrich, v. Winston T. ROBERTS, an Individual, and Roberts and Dorn, a partnership, Additional Defendants.

Superior Court of Pennsylvania.

Decided April 4, 1979.

Attorney(s) appearing for the Case

Arthur J. Schwab, Pittsburgh, for appellants.

Richard G. Kotarba, Pittsburgh, and with him John R. Walters, Jr., Pittsburgh, for appellees.

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

VAN der VOORT, Judge:

This case arose as an action in trespass brought by the appellants against the appellees for damages which the appellants allege they sustained as a result of the conversion of coal under the land of the appellees. The appellees admit the taking of the coal but contend that they are its lawful owners. Appellees joined Winston T. Roberts and Roberts and Dorn as additional defendants on the basis of their certification to the appellees that they...

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