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STEWART v. CHERNICKY

439 Pa. 43 (1970)

Stewart, Appellant, v. Chernicky.

Supreme Court of Pennsylvania.

May 27, 1970.

Attorney(s) appearing for the Case

H. Ray Pope, Jr., for appellant.

Arnold E. Dolby, for appellees.

Chester H. Byerly, for appellees.

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

OPINION BY MR. JUSTICE EAGEN, May 27, 1970:

This action results from an alleged unauthorized strip mining of a portion of a tract of land by Peter Chernicky and E.G. Kriebel, Trading as C & K Coal Company [C & K Company], a partnership.

The tract consists of 21 1/4 acres located in Perry Township, Clarion County. By deed dated December 8, 1902, the then owner, D.W. Bartow, granted and conveyed to Horace A. Noble et al., all the coal in and under the...

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