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COMMONWEALTH v. QUEEN COAL CO.

445 Pa. 478 (1971)

Commonwealth, Appellant, v. Queen Coal Co.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Morris J. Solomon, Assistant Attorney General, with him Louis R. Salamon, and William M. Gross, Assistant Attorney Generals, and J. Shane Creamer, Attorney General, for Commonwealth, appellant.

Vincent J. Morocco, with him Leonard A. Redlich, and Redlich, Cassol, Redlich & Morocco, for appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION PER CURIAM, December 20, 1971:

The decree is affirmed by an evenly divided Court. Costs on appellees.

Mr. Chief Justice BELL took no part in the consideration or decision of this case.

DISSENTING OPINION BY MR. JUSTICE EAGEN:

I dissent.

This is an appeal from the denial of a preliminary injunction by the Commonwealth Court. At the behest of the Secretary of Environmental Resources, the Commonwealth of Pennsylvania, through the...

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