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LUTHER v. PA. GAME COM.

381 Pa. 442 (1955)

Luther, Appellant, v. Pennsylvania Game Commission.

Supreme Court of Pennsylvania.

April 21, 1955.

Attorney(s) appearing for the Case

Paul D. Larimer, with him Englehart, Larimer & Englehart, for appellant.

George M. Spence, with him John Sullivan, Deputy Attorney General, Herbert B. Cohen, Attorney General, and Spence, Custer, Saylor & Wolfe, for appellees.

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

OPINION BY MR. JUSTICE MUSMANNO, April 21, 1955:

Mary Luther, the plaintiff in this case, brought an action to quiet title for certain seams of coal underlying certain lands in Dean Township, Cambria County. Upon a case stated, the Court below gave judgment in favor of the defendants and this appeal followed.

On October 5, 1931, Frank P. McFarland and Oliver Rothert, owners in fee simple of a parcel of land, sold to H.L. Binnix the B seam of coal underlying...

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