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  5. 36 Pa.Commw. 216 (1978)
 

PA. FISH COMM. v. TWP. OF PLEASANT ET AL.

Nos. 1238 C.D. 1973 and 472 C.D. 1975.

36 Pa.Commw. 216 (1978)

Pennsylvania Fish Commission, Plaintiff v. Township of Pleasant, Defendant; Keystone Construction Company and Commonwealth of Pennsylvania, Department of Environmental Resources, Additional Defendants. The Pennsylvania Fish Commission, an agency of the Commonwealth of Pennsylvania, on behalf of the Commonwealth of Pennsylvania, Plaintiff v. Keystone Construction Company, Defendant; Commonwealth of Pennsylvania, Department of Environmental Resources and Township of Pleasant, Additional Defendants.

Commonwealth Court of Pennsylvania.

June 22, 1978.

Attorney(s) appearing for the Case

Dennis J. Harnish, Assistant Attorney General, with him Richard S. Ehmann, Assistant Attorney General, for additional defendant, Department of Environmental Resources.

Paul D. Shafer, Jr., with him Walker, Shafer, Dornhaffer, Swick & Bailey, for defendant, Keystone Construction Company.

James D. McDonald, with him Ted J. Padden, and Quinn, Gent, Buseck and Leemhuis, Inc., for defendant, Pleasant Township.

Argued December 5, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, June 22, 1978:

The Pennsylvania Fish Commission (Commission) filed two complaints1 in trespass within our original jurisdiction relating to the killing of approximately 450,000 fish in the Allegheny River in 1972. These fish are alleged to have been killed as a result of the discharge into the river of acid sludge and other waste materials from a lagoon.

The first complaint, docketed at No. 1238 C.D. 1973...

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