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SUNBEAM COAL CORP. v. PA. GAME COMM.

No. 1577 C.D. 1977.

37 Pa.Commw. 469 (1978)

Sunbeam Coal Corporation, Appellant v. Commonwealth of Pennsylvania, Pennsylvania, Pennsylvania Game Commission, Appellee.

Commonwealth Court of Pennsylvania.

September 8, 1978.

Attorney(s) appearing for the Case

Leo M. Stepanian, with him Brydon & Stepanian, for appellant.

Richard L. McCandless, with him Dillon, McCandless, King & Kemper, for appellee.

Argued May 3, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge DiSALLE did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, September 8, 1978:

Sunbeam Coal Corporation (Sunbeam) has appealed from an order of the Court of Common Pleas of Butler County which sustained the preliminary objections of the Pennsylvania Game Commission (Commission) to Sunbeam's motion to appoint a new board of view in this eminent domain proceeding. For the reasons stated below, we reverse and remand.

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