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SCANLON v. COM., DEPT. OF TRANSP.

502 Pa. 577 (1983)

467 A.2d 1108

Eugene F. SCANLON, et al., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, et al., Appellees. James M. BURD, et al., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, et al., Appellees.

Supreme Court of Pennsylvania.

Decided October 26, 1983.

Reargument Denied December 1, 1983.

Attorney(s) appearing for the Case

Michael T. McCarthy, Harrisburg, for appellants Scanlon, et al.

Allen C. Warshaw, Deputy Atty. Gen., for appellee Com.

John Hrubovack, Harrisburg, for appellee Penndot.

Joseph W. Marshall, III, Philadelphia, for appellants Burd, et al.

Before ROBERTS, C.J., LARSEN, FLAHERTY, McDERMOTT and ZAPPALA, JJ.

OPINION

LARSEN*, Justice.

The record in this case reveals the following facts: On June 29, 1976, a lawsuit was filed against appellees, Pennsylvania Department of Transportation (Penndot), and Pennsylvania Department of Environmental Resources, et al., in the United States District Court for the Eastern District of Pennsylvania, by the Delaware Valley Citizens' Council for Clean Air....

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