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BURNHAM COAL CO. v. PBS COALS, INC.

No. 2717 C.D. 1981.

65 Pa.Commw. 86 (1982)

Burnham Coal Company, a Pennsylvania Corporation et al., Petitioners v. PBS Coals, Inc., a Pennsylvania Corporation et al., Respondents.

Commonwealth Court of Pennsylvania.

March 1, 1982.

Attorney(s) appearing for the Case

Thomas C. Reed, with him Henry Ingram, Rose, Schmidt, Dixon & Hasley, for petitioners.

Donald T. Dulac, Jr., McClure and Watkins, P.C., for respondents.

Donald A. Brown, Assistant Counsel, with him, Douglas R. Blazey, Chief Counsel, for Department of Environmental Resources.

Heard February 16, 1982, by Judge CRAIG.

OPINION BY JUDGE CRAIG, March 1, 1982:

Burnham, a holder of mining property leases, and its affiliated corporation, Twilight, have filed this declaratory judgment action against the Pennsylvania Department of Environmental Resources (DER) and a subleaseholder, PBS, based upon a contract between Burnham and PBS under which PBS agreed to (a) accept the mining leases as they are, (b) seek transfer of Burnham's DER mining permits to it, (c) perform all of Burnham's lease...

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