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NEW CHARTER COAL CO. v. McKEE

411 Pa. 307 (1963)

New Charter Coal Company, Appellant, v. McKee.

Supreme Court of Pennsylvania.

June 5, 1963.

Attorney(s) appearing for the Case

John W. Giesecki, with him Merritt H. Davis, for appellant.

No argument was made nor brief submitted for appellee.

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

OPINION BY MR. JUSTICE BENJAMIN R. JONES, June 5, 1963:

By virtue of a deed dated June 2, 1903, the appellant, New Charter Coal Company's (New Charter) predecessor in title acquired all the coal to be found under the lands now owned by the appellees (McKees) with a reservation of one vein of coal more precisely described herein.

New Charter sought by means of an action in equity a determination that it is entitled...

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