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BUDINSKY v. COM. OF PA. DEPT. OF ENVIRONMENTAL RES.

No. 86-3665.

819 F.2d 418 (1987)

John J. BUDINSKY, Individually and t/d/b/a Colpat Mine, Appellant, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES, Nicholas DeBenedictis, individually and in his capacity as Secretary of the Commonwealth of Pennsylvania, Department of Environmental Resources, Hugh V. Archer, Individually and in his capacity as Regional Water Quality Manager of the Bureau of Water Quality Management of the Commonwealth of Pennsylvania Department of Environmental Resources, Tony Smerdel, Individually and in his capacity as Chief, Permits Division Bureau of Water Quality Management of the Commonwealth of Penna. Dept. of Environmental Resources.

United States Court of Appeals, Third Circuit.

Decided May 27, 1987.

Rehearing Denied June 23, 1987.

Attorney(s) appearing for the Case

Mark Clement, Pittsburgh, Pa., for appellant.

LeRoy S. Zimmerman, Atty. Gen., Thomas F. Halloran, John G. Knorr, Sr. Deputy Attys. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Chief, Litigation Section, Pittsburgh, Pa., for appellees.

Before GIBBONS, Chief Judge, MANSMANN, Circuit Judge, and KATZ, District Judge.

Submitted Under Third Circuit Rule 12(6) May 12, 1987.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This matter comes before us on appeal from an order of the district court, which granted motions by the defendants — the Pennsylvania Department of Environmental Resources, et al. ("the DER") — to dismiss the complaint and amended complaint of the plaintiff, John J. Budinsky. We possess jurisdiction pursuant to 28 U.S.C. § 1291...

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