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BURNS v. CONSOL PENNSYLVANIA COAL CO.

431 Pa.Super. 262 (1994)

636 A.2d 642

Carl R. BURNS and Nancy Burns, His Wife v. CONSOL PENNSYLVANIA COAL COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed January 11, 1994.

Attorney(s) appearing for the Case

Wesley A. Cramer, Washington, for appellant.

David C. Hook, Waynesburg, for appellees.

Before OLSZEWSKI, HOFFMAN and BROSKY, JJ.

OLSZEWSKI, Judge:

This is an appeal from an order enjoining appellant Consol Pennsylvania Coal Company ["Consol"] from mining coal under four tracts of land owned by appellees, Carl and Nancy Burns ["the Burns"]. The dispute in this case boils down to whether the Pennsylvania Bituminous Mine Subsidence and Land Conservation Act, 52 Pa.S.A. § 1406.1, et seq. [hereinafter "the Subsidence Act" or "the Act"], requires Consol to include on a map its support...

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