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CLEARFIELD BK. & TRUST CO. v. SHAFFER

381 Pa.Super. 259 (1989)

553 A.2d 455

CLEARFIELD BANK & TRUST COMPANY, Trustee of the Estate of John Beyer, Deceased, and GRC Coal Company, Appellees, v. David B. SHAFFER and Gloria A. Shaffer, Appellants.

Supreme Court of Pennsylvania.

Filed January 30, 1989.

Attorney(s) appearing for the Case

William C. Kriner, Clearfield, for appellants.

Henry R. Pope, III, Clarion, for appellees.

Before OLSZEWSKI, DEL SOLE and KELLY, JJ.

DEL SOLE, Judge:

This is an appeal by David and Gloria Shaffer, of a decree entered on a petition by Clearfield Bank and Trust Company [Clearfield], and G.R.C. Coal Company [G.R.C.] praying for a declaratory judgment. The petition sought an interpretation of a deed between Clearfield and the Shaffers, and a determination whether or not G.R.C. should be allowed to strip mine the surface of the land described in the deed without the consent of the Shaffers.

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