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COM. of P.A. WATER & P.R. BD. v. GREEN SPR CO.

394 Pa. 1 (1958)

Commonwealth of Pennsylvania Water and Power Resources Board, Appellant, v. Green Spring Company.

Supreme Court of Pennsylvania.

October 9, 1958.

Attorney(s) appearing for the Case

Thomas D. McBride, Attorney General, with him Wanda P. Chocallo, Assistant Attorney General, for appellant.

William W. Caldwell, with him Mark E. Garber, Sr., Thomas D. Caldwell, Sr., and Garber & Garber, and Caldwell, Fox & Stoner, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, October 9, 1958:

The Water and Power Resources Board of the Commonwealth of Pennsylvania (herein termed the Board)1 instituted an equity action in the Court of Common Pleas in Cumberland County wherein it was alleged that the Green Spring Company, Inc. — a fish hatchery in Cumberland County — without the Board's consent or permit had increased...

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