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SMITH v. BENJAMIN COAL CO., INC.

279 Pa.Super. 82 (1980)

420 A.2d 754

Nancy T. SMITH, Appellant, v. BENJAMIN COAL COMPANY, INC., v. R. Edward FERRARO.

Superior Court of Pennsylvania.

Filed June 27, 1980.

Attorney(s) appearing for the Case

Robert M. Hanak, Reynoldsville, for appellant.

F. Cortez Bell, Jr., Clearfield, for Benjamin Coal, appellee.

David L. Young, Brockway, for Ferraro, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.

VAN der VOORT, Judge:

Appellant, the owner of coal rights, brought an action in Equity to enjoin the strip-mining of her coal by defendant Benjamin Coal Company, and to recover damages for coal already removed by defendant. Mr. R. Edward Ferraro claimed ownership of the coal and leased the coal to Benjamin but "only to the extent that . . . LESSOR owns and may lease the same". Mr. Ferraro was permitted to intervene in the case as an additional defendant.

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