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COMMONWEALTH v. WYETH LAB. ET AL.

No. 1136 C.D. 1972.

12 Pa.Commw. 227 (1974)

Commonwealth of Pennsylvania, Appellant, v. Wyeth Laboratories, Division of American Home Products Corporation, Appellee.

Commonwealth Court of Pennsylvania.

February 27, 1974.

Attorney(s) appearing for the Case

Hershel J. Richman, Special Assistant Attorney General, for appellant.

Richard E. McDevitt, with him Eugene I. Caffrey and Montgomery, McCracken, Walker & Rhoads, for appellee.

Argued October 1, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, February 27, 1974:

Wyeth Laboratories (Wyeth) owns property in the Borough of West Chester, Chester County, where it is engaged in the manufacture of chemical products. This property was purchased by Wyeth for this purpose in 1948, but prior thereto, the property was used by the Borough as a public dump and pest house. Inter alia, waste gypsum, other chemicals, and other trash and refuse were dumped onto this property prior...

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