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EUREKA S.Q., INC., v. COM. of PA.

No. 693 C.D. 1987.

118 Pa.Commw. 300 (1988)

544 A.2d 1129

Eureka Stone Quarry, Inc., Appellant v. Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 1, 1988.

Attorney(s) appearing for the Case

Marcus S. Saitschenko, with him, John A. VanLuvanee, Eastburn and Gray, for appellant.

Amil M. Minora, Assistant District Attorney, with him, Ernest D. Preate, Jr., District Attorney, for appellee.

Argued February 25, 1988, before Judges DOYLE and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, August 1, 1988:

Before us is an appeal by Eureka Stone Quarry (Appellant) from an order of the Court of Common Pleas of Lackawanna County denying Appellant's motions for arrest of judgment and for a new trial.

This case involves three summary citations issued to Appellant in September and November of 1985 by the Department of Environmental Resources (DER). Two of these citations alleged that Appellant operated a stone quarry which is...

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