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LOWRY v. COMMONWEALTH

365 Pa. 474 (1950)

Lowry, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

November 13, 1950.

Attorney(s) appearing for the Case

James B. Landis, with him P.G. Cober, for appellant.

Phil H. Lewis, Deputy Attorney General, with him Charles J. Margiotti, Attorney General, T. McKeen Chidsey, Attorney General and Paul E.C. Fike, Associate Counsel, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and LADNER, JJ.

OPINION BY MR. JUSTICE LADNER, November 13, 1950:

The Commonwealth, through its Deputy Secretary of Highways, entered into an agreement with A. Kent Miller, identified in said agreement as the owner of certain lands in which were located a mine shaft, tipple and culm, slate or gob pile. The agreement gave the Commonwealth the right to remove this material of the gob pile for use in the repair of State Highway Route No. 55042, Somerset County, to which said land was...

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