TRACEY M. CO. ET AL. v. COM. OF PA. ET AL.

No. 2283 C.D. 1987.

117 Pa.Commw. 628 (1988)

544 A.2d 1075

Tracey Mining Company et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

July 15, 1988.


Attorney(s) appearing for the Case

Eugene E. Dice, for petitioners.

Amy L. Putnam, Assistant Counsel, for respondent, Department of Environmental Resources.

Argued February 23, 1988, before President Judge CRUMLISH, JR., and Judges McGINLEY and SMITH, sitting as a panel of three.


OPINION BY JUDGE McGINLEY, July 15, 1988:

The Commonwealth of Pennsylvania, Department of Environmental Resources (DER) has filed preliminary objections to a Petition for Review seeking injunctive relief filed under our original equity jurisdiction by twelve anthracite deep mine coal operators (Petitioners). A request for a preliminary injunction was denied by this Court by Memorandum and Order dated December...

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