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PennDER. ET AL. v. PBS COALS, INC.

Nos. 1410 C.D. 1986 and 1418 C.D. 1986.

122 Pa.Commw. 541 (1988)

552 A.2d 714

Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, Bruce L. Yoder and Dorothy C. Yoder v. PBS Coals, Inc., and Fetterolf Mining, Inc. PBS Coals, Inc., Appellant. Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, and Bruce Yoder v. PBS Coals, Inc., and Fetterolf Mining, Inc. Fetterolf Mining, Inc., Appellant.

Commonwealth Court of Pennsylvania.

December 6, 1988.

Attorney(s) appearing for the Case

John J. Dirienzo, Jr., Fike, Cascio & Boose, for appellant, PBS Coals, Inc.

Gilbert E. Caroff, for appellant, Fetterolf Mining, Inc.

Michael E. Arch, Assistant Counsel, with him, Ward T. Kelsey, Assistant Counsel, for appellee, Commonwealth of Pennsylvania, Department of Environmental Resources.

John E. Childe, Jr., Dice & Childe, for appellees, Elwood D. Yoder, et al.

Heard by Senior Judge NARICK.

OPINION AND ORDER BY SENIOR JUDGE NARICK, December 6, 1988:

The Appellees' (Yoders') petition for reconsideration of this Court's order of March 22, 1988 denying their petition for attorney fees presents the narrow, straightforward issue of whether they are entitled to an award of costs and attorney fees from Appellants, PBS Coals, Inc. and Fetterolf Mining, Inc. based only on that portion of expenses incurred by them in their successful opposition to Appellants...

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