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ANTHONY ET UX. v. SANITARY WATER BOARD. (04/12/55)

April 12, 1955

ANTHONY ET UX., APPELLANTS,
v.
SANITARY WATER BOARD.



Appeal, No. 50, March T., 1955, from order of Court of Common Pleas of Dauphin County, 1953, Commonwealth Docket No. 5, in case of William A. Anthony et ux., trading as Avis Coal Company v. Sanitary Water Board and Punxsutawney Water Service Company. Appeal quashed.

COUNSEL

Robert C. Grasberger, for appellants.

Robert J. Trace, Deputy Attorney General, for appellee.

E.R. von Starck, with him Robert H. Young, for intervening appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

[ 178 Pa. Super. Page 79]

PER CURIAM

This matter is before us on petition to allow the appeal to be entered nunc pro tunc and answers thereto, and on motions to quash appeal and answers thereto.

On August 14, 1952, a hearing was held before the Sanitary Water Board upon application by appellants to conduct certain strip mining operations in Jefferson County, Pennsylvania. The application was denied by the board by adjudication and order of December 5, 1952. An appeal was taken to the Court of Common Pleas of Dauphin County. After argument the Court of Common Pleas of Dauphin County affirmed the action of the board by its decision on June 12, 1954. Appellants received notice of said decision on June 22, 1954. Appellants appealed to the Supreme Court of Pennsylvania on August 24, 1954. On December 16, 1954, appellants filed a petition with the Supreme Court to certify said appeal to the Superior Court. On January 10, 1955, appeal was remitted to this Court.

On January 26, 1955, appellants filed their petition in this Court requesting that their appeal be allowed nunc pro tunc as of June 23, 1954. The reasons given by appellants are set forth in their petition as follows:

"5. During the interim period because of the long delay in receiving the decision of the Dauphin County Court of Common Pleas, and because of the further delay of the said Court in forwarding notice of the said decision, your appellants were lulled into a sense of false security and became unaware of the urgent necessity

[ 178 Pa. Super. Page 80]

    of promptly filing an appeal with your Honorable Court.

"6. Further during the interim period, prior to the decision of the Dauphin County Court, the counsel for the appellant was elected to the Philadelphia Court of Common Pleas and the appellants ...


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