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PHILLIPS v. DEPT. OF ENV. RESOURCES

133 Pa.Commw. 598 (1990)

577 A.2d 935

Raymond and Candia PHILLIPS, Petitioners v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 28, 1990.

Attorney(s) appearing for the Case

Howard J. Wein, with him, Paul A. Supowitz, Klett, Lieber, Rooney & Schorling, Pittsburgh, for petitioners.

Virginia Davison, Asst. Counsel, Harrisburg, for respondent.

Franklin L. Bialon, Monessen, for intervenor, Bd. of Claims.

Before CRUMLISH, Jr., President Judge, and CRAIG, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

McGINLEY, Judge.

This is a petition for review filed by mine subsidence insurance policy holders, Raymond and Candia Phillips (Petitioners)1. Before this Court are appeals from two orders of the Board of Claims, one denying Petitioners' praecipe to discontinue and the other finding for the Department of Environmental Resources (DER) on the merits of Petitioners' mine subsidence claim, and an application for summary relief filed by Petitioners...

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