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HILLMAN COAL & COKE CO. v. PA. P.U.C.

No. 935 C.D. 1980.

61 Pa.Commw. 355 (1981)

Hillman Coal & Coke Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

August 18, 1981.

Attorney(s) appearing for the Case

David S. Watson, Thorp, Reed & Armstrong, for petitioner.

Louise Russell Knight, Assistant Counsel, with her Steven A. McClaren and Shirley Rae Don, Deputy Counsels, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent.

Edward S. Stiteler, for Amicus Curiae, West Penn Power Company.

Argued May 4, 1981, before Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, August 18, 1981:

The petitioner, Hillman Coal & Coke Company, challenges an order of the Pennsylvania Public Utility Commission (Commission) which granted an application by West Penn Power Company (West Penn) to exercise the power of eminent domain as to property owned by the petitioner.

The petitioner's 90-acre tract of land here in question is presently used for strip mining and West Penn has a right-of-way across it for an existing...

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