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  5. 51 Pa.Commw. 23 (1980)
 

DASET MINING CORP. v. ERCOLE ET AL.

No. 109 C.D. 1979.

51 Pa.Commw. 23 (1980)

Daset Mining Corporation, Petitioner v. J. Anthony Ercole, Director, Department of Environmental Resources, Surface Mining Conservation and Reclamation, and The Commonwealth of Pennsylvania, Department of Environmental Resources, Respondents.

Commonwealth Court of Pennsylvania.

April 25, 1980.

Attorney(s) appearing for the Case

Thomas J. Herder, with him John R. McGinley, Grogan, Graffam, McGinley, Solomon & Lucchino, for petitioner.

Gary Waxman, Assistant Attorney General, for respondent.

Argued February 7, 1980, before Judges BLATT, MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE BLATT, April 25, 1980:

Daset Mining Corporation (Daset) has filed a Petition for Review in the nature of an Action for Mandamus seeking to compel the respondents, J. Anthony Ercole and the Commonwealth of Pennsylvania, Department of Environmental Resources (DER), to issue two surface mining permits under the Surface Mining Conservation and Reclamation Act (Act).1 Presently before us are Preliminary Objections and a Motion...

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