COM. v. FAYLOR-MIDDLECREEK, INC.

No. 214 C.D. 1974.

29 Pa.Commw. 557 (1977)

Commonwealth of Pennsylvania v. Faylor-Middlecreek, Inc., Appellant.

Commonwealth Court of Pennsylvania.

April 14, 1977.


Attorney(s) appearing for the Case

Nevin Stetler, with him Stetler & Gribbin, for appellant.

Paul S. Roeder, Deputy Attorney General, for appellee.

Argued March 7, 1977, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.


OPINION BY JUDGE WIKINSON, JR., April 14, 1977:

The facts in the instant case are not in dispute and are established in the stipulations of facts filed. These stipulations are adopted as our findings of fact and are hereinafter related in narrative form.

Appellant is in the business of manufacturing bituminous concrete used in highway construction. Prior to January 23, 1974 appellant maintained two bituminous concrete manufacturing plants at its Winfield,...

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