UNITED STATES STEEL CORP. v. HOGE


503 Pa. 140 (1983)

468 A.2d 1380

UNITED STATES STEEL CORPORATION, Appellant, v. Mary Jo HOGE, Jessie Lee Cowan, Harvey C. Cowan and Mary L. Cunningham, and Kinloch Development Corporation, Mary L. Cunningham, Harry A. Murdock, Jr. and Donis A. Murdock, Appellees.

Supreme Court of Pennsylvania.

Decided December 22, 1983.


Attorney(s) appearing for the Case

Gilbert J. Helwig, Thomas R. Wright, Reed, Smith, Shaw & McClay, Pittsburgh, David A. Lynch, Thomas R. Lloyd, Blair M. Gardner, U.S. Steel, Legal Dept. for appellant.

Henry Ingram, Thomas C. Reed, Pittsburgh, for amicus curiae Keystone, Bituminous Coal Ass'n.

R. Wallace Maxwell, Maxwell & Davis, Waynesburg, Dale Cleland, Pittsburgh, Retired, for appellees.

Barry K. Cosey, J. Kent Culley, Pittsburgh, amicus curiae.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION

ZAPPALA, Justice.

The question presented by this appeal is which of the parties to a coal severance deed, or more precisely which of their successors in interest, is to be recognized as owner of coalbed gas. The Superior Court affirmed a final decree of the Court of Common Pleas of Greene County and quieted title to the gas in favor of the surface owners, permitting them to lease rights to drill into the coal seam to extract the coalbed gas contained...

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