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GINTER C. CO. et al. v. ENVIRON. H. BD. et al.

Appeal, No. 1189 C.D. 1972.

9 Pa.Commw. 263 (1973)

Ginter Coal Company, et al. v. Environmental Hearing Board and Department of Environmental Resources, Intervenor.

Commonwealth Court of Pennsylvania.

June 18, 1973.

Attorney(s) appearing for the Case

Norman M. Yoffe, for appellants.

No appearance for appellee.

K.W. James Rochow, Assistant Attorney General, for intervenor.

Argued May 7, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, June 18, 1973:

This is an appeal by the Ginter Coal Company and Timothy Reilly (hereinafter referred to as Ginter) from an order of the Environmental Hearing Board (Board) denying an appeal from a September 19, 1972 order of the Department of Environmental Resources, Bureau of Land Protection and Reclamation (DER), directing Ginter to apply for a license under the Surface Mining Conservation...

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