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HEIDT v. AUGHENBAUGH COAL CO.

406 Pa. 188 (1962)

Heidt, Appellant, v. Aughenbaugh Coal Company.

Supreme Court of Pennsylvania.

January 2, 1962.

Attorney(s) appearing for the Case

John B. Gates, for appellants.

William U. Smith, with him Smith, Smith & Work, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 2, 1962:

In this appeal we are called upon to determine an issue oft recurring in recent years: whether under the terms and provisions of a lease of mineral rights strip or open mining of such minerals is permissible. In our determination of this issue we bear in mind the language of the late Mr. Justice STEARNE in Mt. Carmel R.R. Co. v. M.A. Hanna Co.,

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