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IN RE APPLICATION OF CONSOL. COAL SALES

802 A.2d 708 (2002)

In re APPLICATION OF CONSOLIDATED COAL SALES COMPANY, et al. 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 Fallowfield Township, Washington County, Pennsylvania relative to a portion of the Mon/Fayette Expressway, S.R. 0043. Parties in Interest Consolidation Coal Sales Company, DuPech, Inc., Consolidation Coal Company, and Consol Pennsylvania Coal Company, corporations, and Pennsylvania Turnpike Commission, a Commonwealth instrumentality. Appeal of Consolidated Coal Sales Company, DuPech, Inc., Consolidated Coal Company, and Consol Pennsylvania Coal Company, corporations.

Commonwealth Court of Pennsylvania.

Decided July 10, 2002.

Attorney(s) appearing for the Case

David B. Fawcett, Pittsburgh, for appellants.

Samuel P. Kamin, Pittsburgh, for appellees.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, LEADBETTER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY President Judge COLINS.

Consolidation Coal Sales Company, DuPech, Inc., Consolidation Coal Company, and Consol Pennsylvania Coal Company (hereinafter referred to as Appellants) appeal from the December 5, 2001 order, as amended by the December 21, 2001 order of President Judge Thomas D. Gladden (Judge Gladden) of the Court of Common Pleas of Washington County (Common Pleas Court), appointing Senior Judge Thomas J. Terputac (Judge Terputac) to act in his...

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