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KERRY v. COMMONWEALTH

381 Pa. 242 (1955)

Kerry, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

April 18, 1955.

Attorney(s) appearing for the Case

Lee C. McCandless, for appellant.

Charles E. Dillon, with him John R. Rezzola, Jr., Thomas C. Evans, Counsel for Department of Highways, Phil H. Lewis, Deputy Attorney General and Herbert B. Cohen, Attorney General, for appellee.

John L. Wilson, for intervenor, appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, April 18, 1955:

There are two appeals in this case: one from an order of the Court of Common Pleas of Butler County dismissing an appeal to that court and requesting a jury trial from an award of the State Mining Commission assessing damages for support coal required to be left in place in the reconstruction of a State highway, and the other from the award of the State Mining Commission assessing damages for coal required to...

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