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PBS COALS, INC. v. BURNHAM COAL CO.

384 Pa.Super. 323 (1989)

558 A.2d 562

PBS COALS, INC., a Pennsylvania Corporation, Appellee, v. BURNHAM COAL COMPANY, a Pennsylvania Corporation, Appellant.

Supreme Court of Pennsylvania.

Filed May 10, 1989.

Attorney(s) appearing for the Case

Richard Disalle, Pittsburgh, for appellant.

Anthony J. Polito, Pittsburgh, for appellee.

Before DEL SOLE, JOHNSON and MONTGOMERY, JJ.

DEL SOLE, Judge:

This is an appeal from a final decree in equity entered in a declaratory judgment action. Appellee, PBS Coals, Inc., (PBS) sought a declaration that it was not responsible for the costs of correcting a mine drainage problem where the agreement transferring interests in the subject properties did not include specific language allocating such a burden. The trial court determined that the agreement...

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