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KLINE ET AL. v. PA. MINES CORP. ET AL.

Nos. 16 T.D. 1987 and 17 T.D. 1987.

120 Pa.Commw. 7 (1988)

547 A.2d 1276

Timothy J. Kline et al., Appellants v. Pennsylvania Mines Corporation et al., Appellees. Frances L. Depto et al., Appellants v. Pennsylvania Mines Corporation et al., Appellees.

Commonwealth Court of Pennsylvania.

September 23, 1988.

Attorney(s) appearing for the Case

Michael A. Sossong, with him, Thomas J. Sibert, Smorto, Persio, Zadzilko & Sibert, for appellants.

Eugene G. Berry, Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, LeRoy S. Zimmerman, Attorney General, and Louis C. Long, for appellees.

Argued May 25, 1988, before Judges MacPHAIL and COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE COLINS, September 23, 1988:

We here consider the appeal of an order of the Court of Common Pleas of Indiana County which granted judgment on the pleadings in favor of the Commonwealth of Pennsylvania, Department of Environmental Resources (Department) and dismissed the Department from certain actions for personal injury and wrongful death instituted by persons (Appellants) involved in a mine explosion. Appellants in the instant matter are Timothy...

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