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KEYSTONE BITUMINOUS COAL ASS'N v. DeBENEDICTIS

Civ. A. No. 82-2712.

581 F.Supp. 511 (1984)

KEYSTONE BITUMINOUS COAL ASSOCIATION, Helvetia Coal Company, Rochester and Pittsburgh Coal Company, U.S. Steel Mining Company, Inc., United States Steel Corporation and Consolidation Coal Company, Plaintiffs, v. Nicholas DeBENEDICTIS, Philip Zullo and Thomas B. Alexander, Defendants.

United States District Court, W.D. Pennsylvania.

February 29, 1984.

Attorney(s) appearing for the Case

Thomas Reed, Henry McC. Ingram, David Onuscheck, Pittsburgh, Pa., for plaintiffs.

Douglas R. Blazey, Pa. Dept. of Environmental Resources, Robert B. Hoffman, Deputy Atty. Gen., Harrisburg, Pa., for defendants.

OPINION

ZIEGLER, District Judge.

More than 60 years have passed since the Supreme Court announced its landmark decision in Pennsylvania Coal Company v. Mahon, 260 U.S. 393, 43 S.Ct. 158, 67 L.Ed. 322 (1922). Speaking for the majority, Justice Holmes explained that the police power of government has a limit and action beyond that limit results in a "taking" of private property for which just compensation is required...

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