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KUSHER v. WOLOSCHUK

No. 1701 C.D. 2014

123 A.3d 341 (2015)

Frank R. KUSHER and Barbara A. Kusher, Husband and Wife, Appellants, v. Robert WOLOSCHUK and Kathy Woloschuk, Husband and Wife; James Excavation, Inc. and Commonwealth of Pennsylvania, Department of Environmental Protection.

Commonwealth Court of Pennsylvania.

Decided May 14, 2015.

Publication Ordered July 23, 2015.

Attorney(s) appearing for the Case

Russell J. Heiple , Johnstown, for appellants.

Dennis J. Stofko , Johnstown, for appellees Robert and Kathy Woloschuk.

Michael J. Parrish, Jr. , Johnstown, for appellee James Excavation, Inc.

Charney Regenstein , Assistant Counsel, Pittsburgh, for appellee Department of Environmental Protection.

BEFORE: BERNARD L. McGINLEY, Judge, and PATRICIA A. McCULLOUGH, Judge, and ROCHELLE S. FRIEDMAN, Senior Judge.

Frank R. Kusher and Barbara A. Kusher (together, the Kushers) appeal from the April 30, 2014 order of the Court of Common Pleas of Cambria County (trial court), which held that the Pennsylvania Department of Environmental Protection (DEP) was an indispensable party and dismissed the Kushers' amended complaint for lack...

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