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CONSOL PA COAL CO. v. FARMERS NAT. BANK

No. 1360 WDA 2007

960 A.2d 121 (2008)

CONSOL PENNSYLVANIA COAL COMPANY v. The FARMERS NATIONAL BANK OF CLAYSVILLE and Jon Holbert Carter and Patricia W. Carter. Appeal of Jon Holbert Carter and Patricia W. Carter.

Superior Court of Pennsylvania.

Filed September 10, 2008.

Reargument Denied November 24, 2008.

Attorney(s) appearing for the Case

Stephen D. Marriner, Jr., Washington, for appellants.

Richard J. Amrhein, Washington, for appellee.

BEFORE: MUSMANNO, POPOVICH and HUDOCK, JJ.

OPINION BY HUDOCK, J.:

¶ 1 This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife (the Carters), in a quiet title action, wherein Consol was awarded fee simple title to the coal rights to a tract of land to which the Carters own the surface estate. For the reasons that follow, we reverse and remand for proceedings...

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