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PALUTI v. CUMBERLAND COAL LP

No. 1885 WDA 2014

122 A.3d 418 (2015)

2015 PA Super 185

Chris PALUTI and Amber Paluti, Appellants v. CUMBERLAND COAL LP and Emerald Coal LP, Appellee.

Superior Court of Pennsylvania.

Filed September 4, 2015.

Attorney(s) appearing for the Case

John W. Kettering , Sharon, for appellant.

Kevin K. Douglass , Pittsburgh, for appellees.

BEFORE: BENDER, P.J.E., JENKINS, J., and MUSMANNO, J.

Chris and Amber Paluti ("the Palutis") filed a complaint seeking, inter alia, a declaratory judgment that Cumberland Coal LP and Emerald Coal LP (collectively "Cumberland") have no right to construct a new mine underneath the Palutis' surface estate. Cumberland filed preliminary objections in the form of demurrers...

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