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BETHLEHEM MINES CORP. v. COM. ET AL.

No. 782 C.D. 1973.

11 Pa.Commw. 375 (1973)

Bethlehem Mines Corporation, Petitioner, v. Commonwealth of Pennsylvania, Maurice K. Goddard, Secretary of the Department of Environmental Resources, Commonwealth of Pennsylvania, and Robert Broughton, Paul E. Waters and Gerald H. Goldberg, individually and as members of the Environmental Hearing Board, Department of Environmental Resources, Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

December 28, 1973.

Attorney(s) appearing for the Case

Harold R. Schmidt, Henry McC. Ingram, Lawrence A. Demase, Philip C. Wolf, and Rose, Schmidt and Dixon, for petitioner.

Marvin A. Fein, Assistant Attorney General, and Barbara H. Brandon, Assistant Attorney General, for respondents.

Submitted on briefs to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, December 28, 1973:

This case arises from a petition for a writ of prohibition filed in this Court by Bethlehem Mines Corporation (BMC) against the Department of Environmental Resources (DER).

The sole issue to be decided is whether or not this Court has the power and authority to issue a writ of prohibition. The writ of prohibition is an extraordinary prerogative writ derived from the English high courts and statutorily granted...

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