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COMMONWEALTH v. AGWAY, INC.

210 Pa.Super. 150 (1967)

Commonwealth, Appellant, v. Agway, Inc.

Superior Court of Pennsylvania.

June 16, 1967.

Attorney(s) appearing for the Case

Richard H. Kutz, Deputy Attorney General, with him Edward Friedman, Counsel General, and William C. Sennett, Attorney General, for Commonwealth, appellant.

Richard C. Fox, with him McNees, Wallace & Nurick, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY JACOBS, J., June 16, 1967:

The Commonwealth of Pennsylvania brought this suit in trespass to recover damages for the value of fish killed as a result of pollution of the South Branch of French Creek and French Creek near Union City. The complaint alleged that the discharge of certain chemicals into the creek caused the death of some 12,000 fish and 60,000 minnows, all such fish being in a state of freedom in the inland waters of the Commonwealth.

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