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PBS COALS v. DEPARTMENT OF TRANSPORTATION

No. 140 C.D. 2018.

206 A.3d 1201 (2019)

PBS COALS, INC. and Penn Pocahontas Coal, Co., Appellants v. Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided March 28, 2019.

Attorney(s) appearing for the Case

Vincent J. Barbera , Somerset and Robert P. Lightcap, Latrobe, for appellants.

Eric J. Jackson , Assistant Chief Counsel, Pittsburgh, for appellee.

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE ELLEN CEISLER, Judge.

PBS Coals, Inc. and Penn Pocahontas Coal, Co. (collectively, the Coal Companies) appeal from the January 19, 2018 order of the Court of Common Pleas of Somerset County (trial court) sustaining the Pennsylvania Department of Transportation's (PennDOT) preliminary objections to the Coal Companies' petition for the appointment...

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