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COM., D. OF EN. RES. v. CITY OF LEBANON

482 Pa. 66 (1978)

393 A.2d 381

COMMONWEALTH of Pennsylvania, DEPT. OF ENVIRONMENTAL RESOURCES and Carroll E. Ditzler et al., Appellants, v. CITY OF LEBANON (two cases).

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Egli, Reilly, Wolfson & Feeman, James T. Reilly, Lebanon, for appellants at No. 403.

Michael S. Alushin, Asst. Atty. Gen., Harrisburg, for appellant at No. 409.

Samuel G. Weiss, Jr., Lebanon, for appellee, City of Lebanon.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and PACKEL, JJ.

OPINION

POMEROY, Justice.

The City of Lebanon, Pennsylvania, which began to fluoridate its water supply in 1972, sought permission of the Department of Environmental Resources (DER), to cease such fluoridation; the request was denied. By this appeal we are asked to determine whether the DER has the legal authority to compel the City of Lebanon to continue with the fluoride treatment of its water supply and, if such authority exists, whether in this case...

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