UNITED STATES v. UNITED PENN BANK

Civ. A. No. 81-0310.

608 F.Supp. 685 (1984)

UNITED STATES of America, Plaintiff, v. UNITED PENN BANK and Heavy Media, Inc., Defendants.

United States District Court, M.D. Pennsylvania.

July 17, 1984.


Attorney(s) appearing for the Case

Gordon A.D. Zubrod, Asst. U.S. Atty., Harrisburg, Pa., Silvia Sepulveda-Hambor, Anthony C. Liotta, Deputy Asst. Attys. Gen., Land & Natural Resources Div., Washington, D.C., Robert Miller, Phillip J. North, Office of Field Solicitor, Dept. of Interior, Charleston, W.Va., Alfred T. Ghiorzi, Larry Martin Corcoran, Frank McAnear, Dept. of Land & Natural Resources, Benjamin Franklin Station, Washington, D.C., Stuart Sanderson, Dept. of Interior, Office of Solicitor, Surface Mining, Washington, D.C., for plaintiff.

Arthur L. Piccone, Paula Garrety, Wilkes-Barre, Pa., for United Penn Bank.

Joseph C. Gilbus, Wilkes-Barre, Pa., Martin W. Matzen, Dirk D. Snel, U.S. Dept. of Justice, Land & Natural Resources Div., Appellate Section, Washington, D.C., for Durkin, Barbara Coal Co., and Marchessi.


MEMORANDUM

CALDWELL, District Judge.

This is a declaratory judgment proceeding in which the current issue is the extent of the interest of the United Penn Bank in certain real estate situate in Luzerne County. Plaintiff is, and since 1980 has been, engaged in attempting to extinguish an underground mine fire on the land in question. The work has involved the removal of large quantities of coal, some of which...

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