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COMMONWEALTH v. GLEN ALDEN CORP.

418 Pa. 57 (1965)

Commonwealth, Appellant, v. Glen Alden Corporation.

Supreme Court of Pennsylvania.

May 3, 1965.

Attorney(s) appearing for the Case

William M. Gross, Assistant Attorney General, with him Joseph L. Cohen, Assistant Attorney General, Edward Friedman, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Richard P. Brown, Jr., with him Franklin B. Gelder and William E. Zeiter, for appellee.

Louis G. Feldmann, with him Anthony J. Ciotola, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, May 3, 1965:

This is an appeal by the plaintiff, Commonwealth of Pennsylvania, from a judgment for defendants, Glen Alden Corporation and Pennsupreme Coal Company, entered on the basis of the defendants' preliminary objections to the lower court's equity jurisdiction.

The Commonwealth seeks an order requiring defendants to extinguish or remove burning coal refuse piles, allegedly maintained...

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