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INTERSTATE TRAVELLER SERVICES v. COMMONWEALTH PENNSYLVANIA (10/01/79)

decided: October 1, 1979.

INTERSTATE TRAVELLER SERVICES, INC. A/K/A TRI-COUNTY OIL COMPANY, INC., THE TOWNSHIP OF BOGGS AND BOGGS TOWNSHIP AUTHORITY, APPELLANTS,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES AND MID-CENTRE COUNTY AUTHORITY, APPELLEES



No. 47 May Term, 1978, Appeal from the Order entered September 25, 1978 by the Commonwealth Court, 130 C.D. 1977 which dismissed Complaint of Appellants

COUNSEL

Ronald M. Katzman, Harrisburg, for appellant Interstate Traveller Services, Inc., etc.

David A. Flood, Bellefonte, for appellant Tp. of Boggs, etc.

John P. Krill, Jr., Asst. Atty. Gen., Harrisburg, for Dept. of Environmental Resources.

Robert Moore, Harrisburg, for Mid-Centre County Authority.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Larsen, J., filed an opinion in support of affirmance in which Eagen, C. J., and O'Brien, J., join. Manderino, J., filed an opinion in support of reversal in which Roberts and Nix, JJ., join.

Author: Per Curiam

[ 486 Pa. Page 538]

OPINION

The Court being equally divided, the order is affirmed.

Opinion IN SUPPORT OF AFFIRMANCE

LARSEN, Justice.

On January 17, 1977, appellants, Interstate Traveller Services (ITS), Township of Boggs (township) and Boggs Township Authority (township authority) filed a complaint in

[ 486 Pa. Page 539]

    equity in the Commonwealth Court seeking, inter alia, to enjoin appellees, the Department of Environmental Resources (DER) and the Mid-Centre County Authority (regional authority) from compelling the township to participate in the construction of a regional sewage facility. The complaint alleged that appellees were conspiring to interfere with contractual rights of appellants and were engaged in a course of conduct ...


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