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ARSENAL COAL v. COM., DEPT. OF EN. RES.

505 Pa. 198 (1984)

477 A.2d 1333

ARSENAL COAL COMPANY, et al., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, et al., Appellees.

Supreme Court of Pennsylvania.

Decided May 31, 1984.

Attorney(s) appearing for the Case

Steven L. Friedman (argued), Stephen C. Braverman, Dilworth, Paxson, Kalish & Kauffman, James J. Curran, Jr., Edward E. Kopko, for appellant.

John C. Dernbach, Asst. Counsel, Barbara H. Brandon, Harrisburg, for appellee.

Before LARSEN, FLAHERTY, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from an opinion and order of the Commonwealth Court1 sustaining the preliminary objections of appellee Department of Environmental Resources (Department) to a Petition for Review in the Nature of a Complaint in Equity filed by fifty-five anthracite coal mine operators and producers (Appellants), engaged in the business of mining and selling anthracite coal, and subject...

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