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D. E. R. v. MILL SERVICE, INC.

No. 164 C.D. 1975.

21 Pa.Commw. 642 (1975)

Commonwealth of Pennsylvania Department of Environmental Resources v. Mill Service, Inc., Appellant.

Commonwealth Court of Pennsylvania.

November 17, 1975.

Attorney(s) appearing for the Case

H. Woodruff Turner, with him J. Richard Lauver, John E. Beard, III, and Kirkpatrick, Lockhart, Johnson and Hutchison, for appellant.

Eric Pearson, with him Patrick C. McGinley, Special Assistant Attorney General, for appellee.

Argued September 9, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, November 17, 1975

This case is an appeal by Mill Service, Inc. (appellant) from a decision and order of the Pennsylvania Environmental Hearing Board (Board), sustaining an action of the Department of Environmental Resources revoking appellant's industrial waste permit. We find the Department abused its discretion in taking such action and modify the Board's order.

Appellant...

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