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COMMONWEALTH v. BARNES & TUCKER CO.

Original jurisdiction, No. 896-A Tr. Dkt. 1970.

9 Pa.Commw. 1 (1973)

Commonwealth v. Barnes & Tucker Company.

Commonwealth Court of Pennsylvania.

April 16, 1973.

Attorney(s) appearing for the Case

Stanley R. Wolfe, Special Assistant Attorney General, with him Richard B. Springer, Assistant Attorney General and K.W. James Rochow, Assistant Attorney General, for plaintiff.

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

Argued January 6, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, April 16, 1973:

By complaint in equity the Commonwealth seeks a mandatory injunction requiring Barnes & Tucker Company (B & T), a Pennsylvania corporation, to treat acid mine drainage discharging from Lancashire Mine No. 15 so long as such discharge does not meet minimum water quality standards, and which substandard quality of the discharge is expected to continue for the foreseeable future. B & T, the last operator...

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