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WILLARD AGRI-SERV. v. PA. DEPT. OF AG.

No. 297 C. D. 1988.

123 Pa.Commw. 466 (1989)

554 A.2d 596

Willard Agri-Service, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Agriculture, Respondent.

Commonwealth Court of Pennsylvania.

February 16, 1989.

Attorney(s) appearing for the Case

Katherene E. Holtzinger-Conner, with her, Frank B. Boyle, Law Offices of Frank B. Boyle, for petitioner.

Stephen R. Pelcher, for respondent.

Argued September 15, 1988, before Judges COLINS and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE McGINLEY, February 16, 1989:

Willard Agri-Service, Inc. (Willard) appeals an order of the Secretary of Agriculture (Secretary), dated January 21, 1988, assessing a fertilizer deficiency penalty pursuant to the "Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law" (Law)1 in the amount of $5,016.00. We affirm.

On July 28, 1986, the Department of Agriculture (Department) determined that a fertilizer...

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