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T. OF ELIZABETH v. POWER M. C. ET AL.

No. 1946 C.D. 1979.

53 Pa.Commw. 270 (1980)

Township of Elizabeth v. Power Maintenance Corporation and Allegheny County and Municipal Industrial Disposal Company. Power Maintenance Corporation, Appellant.

Commonwealth Court of Pennsylvania.

July 28, 1980.

Attorney(s) appearing for the Case

Jack W. Plowman, Plowman & Spiegel, for appellant.

Timothy P. O'Reilly, Jacobs, Frobouck & Stabile, with him James Victor Voss, Meyer, Unkovic & Scott, and Francis J. Carey, Balzarini, Walsh & Maurizi, for appellees.

Argued May 9, 1980, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 28, 1980:

Elizabeth Township (Township) filed a complaint in equity before the Court of Common Pleas of Allegheny County seeking to enjoin the hauling of flyash, a waste product from the Elrama Power Station of Duquesne Light Company, through a residential area to a landfill in the township. The hauling is done by Power Maintenance corporation (Power Maintenance), one of three defendants named in the complaint. A second defendant is...

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