Legal Opinion

Copenhaver v. Markle-Bullers Coal Co.

Pennsylvania Court of Common Pleas, Alleghany County

Decided August 16, 1978No. 211Published

1Opinion of the Court

HOUSE, P.J.,

This case comes before the court on a motion brought by plaintiff, Ruth Copenhaver, under Pa.R.C.P. 4019(b) to compel defendant, Markle-Bullers Coal Company, to answer certain interrogatories to which defendant had objected. The facts show that plaintiff has filed a complaint in trespass alleging that defendant company has strip-mined 50 acres of coal owned by plaintiff.

The primary issue in the controversy concerns the ownership of the rights in the coal. Plaintiff claims ownership from a conveyance made to her by the heirs of W. A. Copenhaver by deed dated August 15, 1970, and…

2Cases cited3 opinions

  1. Trustees of the Proprietors v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1913
  2. Stark v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1913
  3. Commonwealth v. Budd Realty Corp.Supreme Court of Pennsylvania · 1942

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