Birdie Associates, L.P. v. CNX Gas Co.

OPINION BY

STABILE, J.:

At issue in' this appeal from the June 4, 2015 order, entered in the Washington County Court of Common Pleas is “the recurring question of whether an instrument captioned ‘Lease’ that transfers some interest in a tract of coal is or .is not in fact a sale of the coal.” Trial Court Opinion (“T.C.O.”), 6/4/15, at 1. The trial court determined that the leases in question constituted a sale and granted summary judgment in favor of Appellees, CNX Gas Company, LLC a/k/a Consolidation Coal Co. and/or Consol Pennsylvania Coal Co., and dismissed the complaint filed by Appellant,…