MIERNICKI v. SELTZER


312 Pa.Super. 166 (1983)

458 A.2d 566

Anthony J. MIERNICKI, Esquire and Wilbur H. Rubright, Esquire v. Frank SELTZER and Atkin Seltzer t/d/b/a Seltzer Coal Company and American Bank & Trust Co. of Pa. and Benjamin Stone, Vice-President of American Bank & Trust Co. of Pa. Appeal of Anthony J. MIERNICKI, Esquire.

Superior Court of Pennsylvania.

Filed March 25, 1983.

Petition for Allowance of Appeal Granted August 10, 1983.


Attorney(s) appearing for the Case

Jack E. Feinberg, Philadelphia, for appellant.

Joseph P. Semasek, McAdoo, for Frank Seltzer, appellee.

John T. Pfeiffer, III, Pottsville, for Atkin Seltzer et al., appellees.

Before WIEAND, BECK and HOFFMAN, JJ.


WIEAND, Judge:

In this appeal from a final decree in equity, we are required to review the trial court's resolution of a complicated fee dispute arising subsequent to eminent domain proceedings resulting in the recovery of damages for land taken for highway purposes in Schuylkill County.

Frank Seltzer and Atkin Seltzer are brothers who owned coal land in Schuylkill County. The land was condemned by the...

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