PBS Coal, Inc. v. Hardhat Mining, Inc.

CIRILLO, Judge:

This is an appeal from an order entered in the Court of Common Pleas of Somerset County granting appellee PBS Coal, Inc.’s (PBS) petition for stay of arbitration. We affirm.

In 1989, PBS and appellant Lion Mining Company (Lion) entered into a coal mining agreement (Mining Agreement). Under the Mining Agreement, Lion was to conduct a deep mining operation on the property owned or leased by PBS. In conjunction with the Mining Agreement, the parties entered into a Coal Supply Agreement whereby Lion agreed to mine and sell coal to PBS.

Pursuant to the agreements, Lion mined the coal…