Legal Opinion

Commonwealth, Department of Environmental Resources v. PBS Coals, Inc.

Commonwealth Court of Pennsylvania

Decided June 3, 1996PublishedCited by 14 opinions

1Opinion of the Court

McGINLEY, Judge.

Elwood D. Yoder, Sherry D. Yoder, Bruce S. Yoder and Dorothy Yoder (Appellants) appeal from an order of the Court of Common Pleas of Somerset County (common pleas court) which limited the award of attorney’s fees to the Yoders to 40% of the original verdict.

On June 28, 1985, a decree nisi was entered in the common pleas court awarding damages to Appellants and requiring Fette-rolf Mining, Inc. (Fetterolf) and PBS Coals, Inc. (PBS) to provide permanent alternative water supplies to Appellants and others. On April 19, 1986, the decree nisi became final. Fetterolf and PBS…

2Cases cited24 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  5. City of Burlington v. DagueSupreme Court of the United States · 1992

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3Cited by14 opinions

  1. Krebs v. United Refining Co. of PennsylvaniaSuperior Court of Pennsylvania · 2006
  2. Admiral Mortgage, Inc. v. CooperCourt of Appeals of Maryland · 2000
  3. Regina Polselli Rudolph R. Polselli (Intervenor-Plaintiff in d.c.) v. Nationwide Mutual Fire Insurance Company. Regina PolselliCourt of Appeals for the Third Circuit · 1997
  4. Heldreth v. RahimianWest Virginia Supreme Court · 2006
  5. Uniontown Newspapers, Inc. v. Pa. Dep't of Corr.Commonwealth Court of Pennsylvania · 2018

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