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C. A. HUGHES & CO. v. METZER ET AL.

No. 617 C.D. 1984.

89 Pa.Commw. 72 (1985)

C. A. Hughes & Company, a corporation, Appellant v. T. T. Metzer, Jr., et al., Appellees.

Commonwealth Court of Pennsylvania.

May 1, 1985.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, for appellant.

George Raptosh, Bionaz, Raptosh & McGlynn, for appellees.

Argued March 14, 1985, before Judges MacPHAIL, BARRY and COLINS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 1, 1985:

C. A. Hughes and Company (Appellant) appeals here from an order of the Court en banc of the Court of Common Pleas of Cambria County dismissing Appellant's exceptions to an order of that court which dismissed with prejudice Appellant's action to quiet title.

The underlying action was brought in regard to an "E" seam of coal to which Appellant claims title. This "E" seam was part of a 134 acre tract acquired in fee by...

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