KEPPLE v. FAIRMAN DRILLING CO.


532 Pa. 304 (1992)

615 A.2d 1298

Glenn C. KEPPLE and Nora G. Kepple, his wife, Appellees, v. FAIRMAN DRILLING COMPANY, a partnership. Appeal of the PEOPLES NATURAL GAS COMPANY. Robert A. BRICMONT, Attorney in Fact for Florence M. Burkley v. The PEOPLES NATURAL GAS COMPANY, a corporation Fairman Drilling Company, a partnership; and Glenn C. Kepple and Nora G. Kepple, his wife. Appeal of the PEOPLES NATURAL GAS COMPANY. Wesley L. POMPOSINI, Appellant, v. T.W. PHILLIPS GAS AND OIL COMPANY, T.W. Phillips Gas and Oil Co., a Pennsylvania Corporation, and B.D. Phillips, Jr., Appellees.

Supreme Court of Pennsylvania.

Decided November 10, 1992.


Attorney(s) appearing for the Case

John R. Kenrick, Susan L. Wormer, Eckert, Seamans, Cherin & Mellott, Susan G. George, Peoples Natural Gas Co., Pittsburgh, for appellants in Nos. 54 and 55.

Kenneth W. Behrend, Behrend & Ernsberger, Pittsburgh, for appellant in No. 86.

George A. Conti, Jr., Greensburgh, for Glenn C. Kepple and Nora G. Kepple.

Denis P. Zuzik, Greensburgh, for Robert Bricmont and Florence Burkley.

Carolyn Branthoover, Bruce Wiegand, Kirkpatrick & Lockhart, Pittsburgh, for appellees in No. 86.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

LARSEN, Justice.

These appeals were consolidated to address the common issue of whether the courts below properly construed Act No. 60, P.L. of July 20, 1979, (as codified at 58 P.S. § 33-35 (Supp.1990)) in deciding that the Act could be applied retroactively so as to require a state mandated increase in gas and oil royalties to override valid lease agreements which were entered into prior to the enactment of the statute. The Act...

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