COMMONWEALTH v. QUEEN COAL CO. et al.


2 Pa.Commw. 1 (1971)

Commonwealth of Pennsylvania v. Queen Coal Co., a Pennsylvania Corporation, Oliver Painter, trading as Alverton Fuel Company, and Wilmer McGiffin.

Commonwealth Court of Pennsylvania.

April 28, 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.


OPINION BY JUDGE ROGERS, April 28, 1971.

The plaintiff in this case, the Commonwealth of Pennsylvania, having taken an appeal from our refusal to grant a preliminary injunction, we provide this opinion in compliance with Supreme Court Rule 63.

The complaint avers that the defendants in their capacities hereinafter set out have modified, altered, rebuilt, refurbished and completely reconstructed an air contamination source, to wit, beehive coke ovens, without...

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