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COMMONWEALTH v. BARNES & TUCKER CO.

1 Pa.Commw. 552 (1971)

Commonwealth of Pennsylvania v. Barnes & Tucker Company.

Commonwealth Court of Pennsylvania.

April 13, 1971.

Attorney(s) appearing for the Case

Stanley R. Wolfe, Special Assistant Attorney General, with him Philip T. Warman, Special Assistant Attorney General, and J. Shane Creamer, Attorney General, for plaintiff.

Cloyd R. Mellott, with him C. Arthur Wilson, Jr., and Eckert, Seamans, Cherin & Mellott, and Frank A. Sinon, Rhoads, Sinon & Reader, for defendant.

Hearings and arguments March and April, 1971, before President Judge BOWMAN, sitting as Chancellor in Equity.

OPINION AND ORDER BY PRESIDENT JUDGE BOWMAN, April 13, 1971:

In this highly technical and controversial case with little legal precedent for the numerous and complex legal issues raised, the sole issue before us at the present time is whether a mandatory preliminary injunction should issue directing the Barnes & Tucker Company to operate what is known as the Duman Dam Treatment Facility pending determination...

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