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DEPT. OF ENVIR. RES. v. BD. OF CLAIMS.

No. 1918 C.D. 1984.

86 Pa.Commw. 99 (1984)

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. Board of Claims, Respondent.

Commonwealth Court of Pennsylvania.

November 15, 1984.

Attorney(s) appearing for the Case

Susan J. Forney, Deputy Attorney General, with her, Allen C. Warshaw, Deputy Attorney General, Chief of Litigation Section, and LeRoy S. Zimmerman, Attorney General, for petitioner.

Nicholas Panarella, Jr., for respondent.

Paul A. Logan, Waters, Gallagher & Trachtman, for intervening respondent.

Argued September 13, 1984, before Judges DOYLE, PALLADINO and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, November 15, 1984:

The Commonwealth of Pennsylvania, Department of Environmental Resources (DER) has filed a petition for review in the nature of a writ of prohibition in which it seeks to prevent the Board of Claims (Board) from exercising jurisdiction over a complaint filed by Harry D. Miller, III and A Potty on the Spot, Inc. (Intervenors).

Intervenors' complaint before the Board sought damages in the amount of $464,380.25 resulting...

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