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TAMAQUA BORO. ET AL. v. RUSH T. S. A.

No. 1972 C.D. 1983.

85 Pa.Commw. 421 (1984)

Tamaqua Borough, Schuylkill County, and Tamaqua Borough Authority, Appellants v. Rush Township Sewer Authority, Appellee.

Commonwealth Court of Pennsylvania.

October 12, 1984.

Attorney(s) appearing for the Case

Jeffrey P. Bowe, Bowe, Lisella and Bowe, for appellants.

John T. Pfeiffer, III, Pfeiffer, Brown & Baldwin, P.C., with him, Paris J. DeSantis, DeSantis & Menconi, for appellee.

Argued May 3, 1984, before Judges CRAIG, BARRY and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 12, 1984:

Tamaqua Borough and the Tamaqua Borough Authority appeal here an order of the Court of Common Pleas of Schuylkill County which held that a fee of $80.00 per equivalent dwelling unit (EDU) per year was a proper rate to charge Rush Township Sewer Authority (Rush Authority) pursuant to a contract it had with Tamaqua Borough for the treatment of its sewage.

Sometime in February of 1964, the Tamaqua Borough Authority leased...

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