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NOBEL v. MORCHESKY

Civ. A. No. 78-836.

535 F.Supp. 218 (1982)

Sanford M. NOBEL and Carol Nobel Hirsh, trading as Menallen Coke Company of New Salem, Plaintiffs, v. T. J. MORCHESKY and Johnstown Bank and Trust Company, Administrators of the Estate of James A. Morchesky, Kenneth Morchesky, Better Mining Company, Inc., Charles W. Dahl and Mary O. Dahl, his wife, Defendants.

United States District Court, W. D. Pennsylvania, Civil Division.

March 24, 1982.

Attorney(s) appearing for the Case

E. Barclay Cale, Jr., Philadelphia, Pa., Robert J. Lipsitz, Pittsburgh, Pa., Ira Coldren, Uniontown, Pa., for plaintiffs.

Dean Bowman, Somerset, Pa., for Better Mining, Inc., and Charles and Mary Dahl.

Gary C. Horner, Robert J. Wharton, Johnstown, Pa., for Estate of James Morchesky.

OPINION

SIMMONS, District Judge.

This purported diversity action was brought July 28, 1978, by Plaintiffs Sanford M. Nobel and Carol Nobel Hirsh, residents of New York State, trading as Menallen Coke Company of New Salem, as alleged owners of rights to certain coal, against the Pennsylvania Defendants the Estate of James A. Morchesky, Better Mining Company, Inc., and Charles and Mary Dahl, purported owners of surface rights to said coal, seeking damages...

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