D.E.R. v. PEGGS RUN COAL CO. ET AL.

No. 1103 C.D. 1980.

55 Pa.Commw. 312 (1980)

Commonwealth of Pennsylvania, Department of Environmental Resources, Plaintiff v. Peggs Run Coal Company and Peggs Run Coal Company, Debtor in Possession, Michael Cimba, Warren Hinks and Jack S. Courtney, Defendants.

Commonwealth Court of Pennsylvania.

December 15, 1980.


Attorney(s) appearing for the Case

Howard J. Wein, with him Robert P. Ging, Jr., Assistant Attorney General, for plaintiff.

Kenneth P. Simon, Reed, Smith, Shaw & McClay, with him Franklyn E. Conflenti, and James S. Birsic, Cauley, Birsic & Conflenti, for defendant.

Argued November 17, 1980, before Judges WILKINSON, JR., CRAIG and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, JR., December 15, 1980:

Peggs Run Coal Company (Peggs Run) is the owner of a coal mine and cleaning plant on its premises in Beaver County and a coal refuse disposal area nearby. In October 1979 Peggs Run filed a petition for relief under Chapter XI of the Bankruptcy Code, 11 U.S.C. § 1101 et seq. An Order for Relief was entered, and that proceeding has been pending since the filing date. Peggs Run is a debtor-in-possession under the...

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