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MERRILL v. MFGRS. LIGHT & HEAT CO.

409 Pa. 68 (1962)

Merrill v. Manufacturers Light and Heat Company, Appellant.

Supreme Court of Pennsylvania.

November 13, 1962.

Attorney(s) appearing for the Case

Robert W. Smith, Jr. and Edward S. Stiteler, with them, Smith, Best and Horn, and Courtney and Courtney, for appellant.

William S. Livengood, Jr., with him Livengood and Braucher, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, November 13, 1962:

This is an appeal from a decree of the Court of Common Pleas of Somerset County, sitting in equity, which determined the rights and duties of the respective parties under a right of way agreement over certain coal lands. The propriety of such determination is now before us.

The facts are not disputed. Involved are three tracts of land located in Brothersvalley...

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