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DEPT. OF E. RESOURCES v. LEECHBURG M. CO.

Original jurisdiction, No. 1214 C.D. 1972.

9 Pa.Commw. 297 (1973)

Department of Environmental Resources v. Leechburg Mining Company.

Commonwealth Court of Pennsylvania.

May 22, 1973.

Attorney(s) appearing for the Case

Robert F. Shostak, Special Assistant Attorney General, with him Thomas M. Burke, Elissa A. Parker and Patrick G. McGinley, for plaintiff.

Harold R. Schmidt, with him Henry Ingram, Lawrence A. Demase, Philip C. Wolf, Rose, Schmidt and Dixon, Carroll F. Purdy, Jr., Metzger, Hafer, Keefer, Thomas and Wood, and, of counsel, Alexander J. Barron, for defendant.

Argued March 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, May 22, 1973:

A multiplicity of administrative and judicial remedies afforded to the Department of Environmental Resources (DER) in enforcement of the numerous environmental statutes of the Commonwealth underlies the issues in this case. It is presently before us on defendant's preliminary objections to a complaint in equity.

On April 24, 1972, DER issued an order against...

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