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APPLICATION OF PENN. TURNPIKE COM'N

715 A.2d 1219 (1998)

In re Application of PENNSYLVANIA TURNPIKE COMMISSION, Respondent, to Convene a State Mining Commission to Determine Underlying and Adjacent Support Coal to be left in place, to Assess Damages and Other Matters under Lands Located in Carroll Township, Washington County, Pennsylvania, Necessary for the Construction of the Mon/Fayette Expressway, S.R. 0043, Section 52 F1 and Bridge No. MF 303/304, MP-M42.26. Appeal of MAPLE CREEK MINING, INC., Appellant.

Commonwealth Court of Pennsylvania.

Decided July 6, 1998.

Attorney(s) appearing for the Case

Roger J. Ecker, Washington, for appellant.

Samuel P. Kamin, Pittsburgh, for appellee.

Before PELLEGRINI and KELLEY (P.), JJ., and RODGERS, Senior Judge.

PELLEGRINI, Judge.

Maple Creek Mining, Inc., (Maple Creek) appeals from an order of the Court of Common Pleas of Washington County (trial court) overruling its preliminary objections to the Pennsylvania Turnpike Commission's (Turnpike Commission) Petition to Convene a Pennsylvania State Mining Commission.

Maple Creek owns a mine in Washington County, Pennsylvania, where it employs approximately 425 people engaged in the process of deep coal mining. Maple Creek...

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