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COMPASS COAL CO. v. PA. GAME COMM.

No. 2897 C.D. 1981.

71 Pa.Commw. 252 (1983)

Compass Coal Company, Inc., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Game Commission, Respondent.

Commonwealth Court of Pennsylvania.

January 18, 1983.

Attorney(s) appearing for the Case

David E. Blakley, Blakley & Jones, for petitioner.

Stuart M. Bliwas, with him William R. Pouss, Assistant Counsel, for respondent.

Argued October 6, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 18, 1983:

Petitioner, Compass Coal Company, Inc. (Compass), has filed a Petition for Review of an order of the Pennsylvania Board of Property (Board) declaring Compass, the assignee of the lessee of minerals reserved to the grantor in a deed conveying land was without right to strip mine the premises without the consent of the grantee of the land, the Pennsylvania Game Commission.

By deed dated February 13, 1934, the Trustees...

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