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NO. 14 COAL CO. v. PA. COAL CO.

416 Pa. 218 (1965)

No. 14 Coal Company, Appellant, v. Pennsylvania Coal Company.

Supreme Court of Pennsylvania.

January 5, 1965.

Attorney(s) appearing for the Case

Mitchell Jenkins, with him Matthew D. Mackie, and Rosenn, Jenkins & Greenwald, for appellant.

James P. Harris, Jr., with him Warren, Hill, Henkelman & McMenamin, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, January 5, 1965:

No. 14 Coal Company, the plaintiff in this case, instituted an action of assumpsit against the defendant, the Pennsylvania Coal Company, for the sum of $27,090.96 (later amended to $26,248.74), allegedly being held by the defendant for the plaintiff, lessee of coal lands owned by the Pennsylvania Coal Co. Through assignment, the No. 14 Coal Company had contracted with the Pennsylvania...

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