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DEPT. L. & I. v. BIRDSBORO CORP., APLNT.

No. 1171 C.D. 1974.

18 Pa.Commw. 79 (1975)

Commonwealth of Pennsylvania, Industrial Board, Department of Labor & Industry, Appellee, v. Birdsboro Corporation, Appellant.

Commonwealth Court of Pennsylvania.

March 21, 1975.

Attorney(s) appearing for the Case

Charles O. Barto, Jr., with him Killian & Gephart, for appellant.

Joseph M. Hill, Assistant Attorney General, with him Charles S. Solit, General Counsel, for appellee.

Argued February 6, 1975, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 21, 1975:

This is the appeal of the Birdsboro Corporation from an adjudication of the Industrial Board of the Department of Labor and Industry dismissing the appellant's petition for a waiver of or a variance from a requirement that it install an emergency lighting system in a portion of its industrial plant.

Since the hearing below consisted in large part of colloquy among members of the Industrial Board, witnesses

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