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D.E.R. v. RALPH A. VEON, INC. ET AL.

No. 1228 C.D. 1980.

55 Pa.Commw. 321 (1980)

Commonwealth of Pennsylvania, Department of Environmental Resources, Plaintiff v. Ralph A. Veon, Inc., Ralph A. Veon, Inc., 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

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

Kenneth P. Simon, Reed, Smith, Shaw & McClay, with him Franklyn E. Conflenti, Cauley, Birsic & Conflenti, for defendants.

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:

Ralph A. Veon, Inc. (corporation) has been engaged in surface mining and strip mining at assorted locations in Lawrence County and under various mining permits and mine drainage permits issued by the Department of Environmental Resources (Department). In October 1979, the corporation 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...

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