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ALLEGHENY ENERGY SUPPLY v. WOLF RUN MIN.

No. 1373 WDA 2011.

53 A.3d 53 (2012)

2012 PA Super 163

ALLEGHENY ENERGY SUPPLY COMPANY, LLC and Monongahela Power Company, Appellees/Cross-Appellants v. WOLF RUN MINING COMPANY, f/k/a Anker West Virginia Mining Company, Inc., Hunter Ridge Holdings, Inc., f/k/a Anker Coal Group, Inc., and International Coal Group, Inc. Appeal of Wolf Run Mining Company and Hunter Ridge Holdings, Inc. Appellants/Cross-Appellees.

Superior Court of Pennsylvania.

Filed August 13, 2012.

Reargument Denied October 18, 2012.

Attorney(s) appearing for the Case

Jeff A. Woods , Lexington, KY, for Hunter Ridge Holdings, Inc.

Russell J. Ober, Jr. , Pittsburgh, for Allegheny Energy Supply Company.

BEFORE: MUSMANNO, BENDER, and STRASSBURGER, JJ.

OPINION BY STRASSBURGER, J.

This consolidated appeal and cross appeal stem from a judgment entered in favor of Appellees/Cross-Appellants, Allegheny Energy Supply Company, LLC and Monongahela Power Company (collectively referred to as "Allegheny Energy") and against Appellants/Cross-Appellees Wolf Run Mining Company and Hunter Ridge Holdings, Inc.1 (collectively referred to as "Wolf Run"). We affirm in part, vacate in part, and remand...

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