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ALOE COAL CO. v. DEPARTMENT OF TRANSP.

164 Pa.Commw. 453 (1994)

643 A.2d 757

ALOE COAL COMPANY, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 2, 1994.

Attorney(s) appearing for the Case

Roger D. Horgan, for petitioner.

Gerald R. Schultz, Asst. Counsel, for respondent.

Before COLINS, and KELLEY, JJ., and KELTON, Senior Judge.

COLINS, Judge.

Aloe Coal Company (Aloe Coal) appeals from the August 31, 1992 decision and order of the Board of Claims (Board) which granted judgment in favor of the Pennsylvania Department of Transportation (DOT) and dismissed Aloe Coal's action against DOT. We affirm.

Aloe Coal is a Pennsylvania corporation engaged in the business of mining, transporting, and marketing coal and coal-related products. This dispute arises out of Aloe Coal's usage of a state...

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