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AITKENHEAD ET AL. v. BORO. OF WEST VIEW ET AL.

No. 2685 C.D. 1978.

40 Pa.Commw. 547 (1979)

Paul W. Aitkenhead et al. v. Borough of West View et al. West View Water Authority et al., Appellants.

Commonwealth Court of Pennsylvania.

February 21, 1979.

Attorney(s) appearing for the Case

Jerome Mansmann; Fred E. Baxter, Jr.; McVerry, Baxter & Mansmann; John Remington Graham; Frank O. Walther; Floyd V. Winner, for appellants.

Michael S. Alushin, Assistant Attorney General, for Department of Environmental Resources.

Samuel G. Weiss, Jr., for Paul W. Aitkenhead.

Submitted to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

MEMORANDUM OPINION BY PRESIDENT JUDGE BOWMAN, February 21, 1979:

This is an appeal from an order of Judge JOHN P. FLAHERTY, JR. of the Court of Common Pleas of Allegheny County dated November 16, 1978 preliminarily enjoining the fluoridation of water treated at the West View Water Authority's Neville Island facility. The preliminary decree states in part ". . . Said prohibition shall remain in effect until this Court holds a final hearing upon this matter, or the...

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