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APPEAL OF FRED FIORE

No. 1480 C.D. 1975.

25 Pa.Commw. 530 (1976)

In Re: Lease of Coal on County Lands Situate in Hempfield Township, Westmoreland County, Pennsylvania. Appeal of Fred Fiore, Aggrieved Party. Fred Fiore, Appellant.

Commonwealth Court of Pennsylvania.

July 16, 1976.

Attorney(s) appearing for the Case

Edward P. Zemprelli, for appellant.

Irving L. Bloom, for appellee, County of Westmoreland.

Thomas Anton, for intervening appellee, Weiss Bros.

Argued May 6, 1976, before President Judge BOWMAN and Judges MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, July 16, 1976:

This is an appeal by Fred Fiore, owner of Fiore Coal Company, from an order of the Court of Common Pleas of Westmoreland County denying a petition for approval of a lease for the mining of coal on land located within Westmoreland County's Institution District. We reverse and remand.

On February 13, 1975, the Westmoreland County Commissioners directed the county...

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