MILL SERVICE, INC. v. CRY, INC.


153 Pa.Commw. 13 (1992)

619 A.2d 807

MILL SERVICE, INC., Appellant, v. CRY, INC., Gary and Diana Steck, David C. and Carol Rupp, Raymond Rupp, Herman and Carol Lee Gardner, John and Eleanor Ondrejko, Antoinette Bazala, Tim Kautz, Carl and Joan Kodrin, Peter and Hattie E. Seaton, Anthony Sr. and Melbry Bolk, and Commonwealth of Pennsylvania, Department of Environmental Resources, Appellees.

Commonwealth Court of Pennsylvania.

Decided October 30, 1992.

Publication Ordered January 20, 1993.


Attorney(s) appearing for the Case

Thomas M. Reiter, for appellant.

Robert P. Ging, Jr. and David Gallogly, for appellees, Cry, Inc. et al.

Diana J. Stares, for amicus curiae, Dept. of Environmental Resources.

Before CRAIG, President Judge, and DOYLE, PALLADINO, McGINLEY, PELLEGRINI, FRIEDMAN, and KELLEY, JJ.


FRIEDMAN, Judge.

Mill Service, Inc. (MILL), the operator of an industrial waste treatment, storage and disposal facility in Westmoreland County, filed this interlocutory appeal1 from an order of the Court of Common Pleas of Westmoreland County. This order, which denied MILL's motion to dismiss an action brought against it by the Concerned Residents of Yough, Inc. and certain individual members of CRY, Inc. (collectively, CRY), determined...

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