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CLEARFIELD VOLUNTEER FIRE DEPT. v. BP OIL, INC.

412 Pa.Super. 29 (1992)

602 A.2d 877

CLEARFIELD VOLUNTEER FIRE DEPARTMENT, Fair and Park Board and the Clearfield Foundation v. BP OIL, INC. (formerly Boron Oil Company) and Shawville Coal Company, Inc. Appeal of SHAWVILLE COAL COMPANY, INC.

Superior Court of Pennsylvania.

Filed February 6, 1992.

Attorney(s) appearing for the Case

Paul D. Burke, Pittsburgh, for appellants.

Carl A. Belin, Jr., Clearfield, for appellees.

Before WIEAND, CIRILLO and JOHNSON, JJ.

WIEAND, Judge:

In this action for declaratory judgment, the trial court entered an order terminating a coal lease for a portion of the demised premises. The trial court rejected the lessee's contention that the lease had been for a single, undivided tract. Post-trial motions were dismissed, and this appeal followed. We reverse.

Pursuant to the terms of a written agreement of lease entered in 1956 between a predecessor of Clearfield Volunteer Fire Department...

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