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COMMONWEALTH v. BARNES & TUCKER CO.

455 Pa. 392 (1974)

Commonwealth, Appellant, v. Barnes & Tucker Company.

Supreme Court of Pennsylvania.

March 25, 1974.

Attorney(s) appearing for the Case

K.W. James Rochow, Assistant Attorney General, with him Michael S. Alushin, Assistant Attorney General, for Commonwealth, appellant.

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

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and NIX, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, March 25, 1974:

Appellee, Barnes & Tucker Company, engaged in active deep mining operations at Lancashire Mine No. 15 in Cambria County from 1939 until July 1969, at which time the mine was closed and sealed. Following closure, Mine No. 15 began to inundate and in June and July of 1970 substantial discharges of acid mine drainage were discovered at two different locations. Without detailing the factual posture which will be...

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