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BURNHAM COAL COMPANY v. PBS COALS (10/29/82)

decided: October 29, 1982.

BURNHAM COAL COMPANY, A PENNSYLVANIA CORPORATION; AND TWILIGHT INDUSTRIES, A DIVISION OF U.S. NATURAL RESOURCES, INC., APPELLANTS,
v.
PBS COALS, INC., A PENNSYLVANIA CORPORATION; AND THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES



Appeal No. 14 W.D. Appeal Docket, 1982 from Order of the Commonwealth Court dated March 1, 1982 at No. 2717 C.D. 1981.

COUNSEL

Henry McC. Ingram, Thomas C. Reed, Kevin J. McKeon, Rose, Schmidt, Dixon & Hasley, Pittsburgh, for appellants.

Donald T. Dulac, Jr., Charles B. Watkins, Pittsburgh, for PBS Coals, Inc.

Donald A. Brown, Asst. Counsel, Dept. of Environmental Resources, Harrisburg, for Commonwealth of Pennsylvania, Dept. of Environmental Resources.

O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ.

Author: Per Curiam

[ 499 Pa. Page 60]

ORDER

Order affirmed, 65 Pa. Commw. 86, 442 A.2d 3.

19821029

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