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APPEAL OF FIORE

No. 1890 C.D. 1977.

36 Pa.Commw. 493 (1978)

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

Commonwealth Court of Pennsylvania.

July 10, 1978.

Attorney(s) appearing for the Case

Richard H. Galloway, with him Ackerman & Galloway, and Edward P. Zamprelli, for appellant.

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

Richard F. Pohl, for intervenor.

Argued May 4, 1978, before Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE ROGERS, July 10, 1978:

Fred Fiore, owner of Fiore Coal Company, has appealed for the second time from an order of the Court of Common Pleas of Westmoreland County denying the prayer of a petition of the County Commissioners for the court's approval of a proposed lease to him of county owned lands for coal mining purposes. On the occasion of the earlier appeal we reversed an order of the court below refusing approval of a proposed lease to Fiore and...

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