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PBS COALS, INC. v. DEPT. OF TRANSP.

No. 126 WAL 2019.

218 A.3d 373 (2019)

PBS COALS, INC. and Penn Pocahontas Coal, Co., Respondents v. Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Petitioner.

Supreme Court of Pennsylvania.

September 24, 2019.

Attorney(s) appearing for the Case

Eric John Jackson , Pennsylvania Department of Transportation, for Department of Transportation, Petitioner.

David Lee Williams , Pennsylvania Office of General Counsel, for Department of Transportation, Petitioner.

Vincent Joseph Barbera , Barbera, Clapper, Beener, Rullo & Melvin, L.L.P., for PBS Coals, Inc. and Penn Pocahontas Coal, Co., Respondents.

Robert P. Lightcap , Robert P. Lightcap, Esq., for PBS Coals, Inc. and Penn Pocahontas Coal, Co., Respondents.

ORDER

AND NOW, this 24th day of September, 2019, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by petitioner, are:

1. Did the Commonwealth Court err...

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