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COMMONWEALTH v. QUEEN COAL CO. et al.

2 Pa.Commw. 28 (1971)

Commonwealth of Pennsylvania v. Queen Coal Co., Oliver Painter, t/a Alverton Fuel Co., and Wilmer McGiffin.

Commonwealth Court of Pennsylvania.

May 20, 1971.

Attorney(s) appearing for the Case

Leonard A. Redlich, with him Robert Y. Cassol, Redlich, Cassol, Redlich & Morocco, and Fred Adams and Ira B. Coldren, Jr., Coldren & Adams, for defendants.

Morris J. Solomon, Assistant Attorney General, with him William M. Gross, Assistant Attorney General, and J. Shane Creamer, Attorney General, for plaintiff.

Argued April 22, 1971, before Judges CRUMLISH, JR., KRAMER, and MENCER, sitting as a panel of three.

OPINION BY JUDGE KRAMER, May 20, 1971:

This case comes within the original jurisdiction of the Commonwealth Court and involves a Complaint in Equity filed by the Commonwealth (plaintiff) against the defendants noted below. Plaintiff seeks to enjoin defendants from operating certain beehive coke ovens located in Westmoreland County.

Defendant, Queen Coal Company, is the owner of the land on which the coke...

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