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PA. IND. PETROL. PROD. v. PennDER ET AL.

No. 1195 C.D. 1985.

95 Pa.Commw. 51 (1986)

504 A.2d 420

Pennsylvania Independent Petroleum Producers, a Non-Profit Corporation, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources and Nicholas De Benedictis, Secretary of Environmental Resources of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

February 7, 1986.

Attorney(s) appearing for the Case

Thomas L. Cooper, with him, Alfred S. Pelaez, Gilardi, Cooper & Gismondi, P.A., for petitioner.

Jerome T. Foerster, Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued October 9, 1985, before President Judge CRUMLISH, JR., Judges ROGERS, CRAIG, MacPHAIL, DOYLE, COLINS and PALLADINO.

PER CURIAM, February 7, 1986:

The Commonwealth has filed preliminary objections, in the nature of a demurrer, to a complaint for declaratory and equitable relief brought by the Pennsylvania Independent Petroleum Producers (PIPP).1 The complaint challenges the constitutionality of the Oil and Gas Act of 1984 (Act).2

The Commonwealth contends that...

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