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PennDER v. PBS COALS, INC. ET AL.

Nos. 1410 C.D. 1986 and 1418 C.D. 1986.

112 Pa.Commw. 1 (1987)

534 A.2d 1130

Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, Bruce L. Yoder and Dorothy C. Yoder v. PBS Coals, Inc., and Fetterolf Mining, Inc. PBS Coals, Inc., Appellant. Commonwealth of Pennsylvania, Department of Environmental Resources and Elwood D. Yoder, Sherry Yoder, and Bruce Yoder v. PBS Coals, Inc., and Fetterolf Mining, Inc. Fetterolf Mining, Inc., Appellant.

Commonwealth Court of Pennsylvania.

December 15, 1987.

Attorney(s) appearing for the Case

John J. Dirienzo, Jr., Fike, Cascio & Boose, for appellant, PBS Coals, Inc.

Gilbert E. Caroff, for appellant, Fetterolf Mining, Inc.

Michael E. Arch, Assistant Counsel, with him, Ward T. Kelsey, Assistant Counsel, for appellee, Commonwealth of Pennsylvania, Department of Environmental Resources.

John E. Childe, Jr., for appellees, Elwood D. Yoder, et al.

Argued March 23, 1987, before Judges CRAIG and DOYLE, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, December 15, 1987:

This consolidated equity action was brought by the Department of Environmental Resources (DER) to compel two coal mining companies, PBS Coals, Inc. (PBS) and Fetterolf Mining, Inc. (Fetterolf) to replace the polluted water supplies of seven households and a dairy farm1 in the village of Petersburg, Somerset County. The Yoders (two households and the dairy farm) were granted permission...

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