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WEST PENN POWER COMPANY v. GODDARD

460 Pa. 551 (1975)

333 A.2d 909

WEST PENN POWER COMPANY, Appellee, v. Maurice K. GODDARD, Secretary of the Department of Environmental Resources and Clark L. Gaulding, Director of Bureau of Air Quality & Noise Control, Appellants.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Robert E. Yuhnke, Asst. Atty. Gen., Harrisburg, for appellants.

Rose, Schmidt & Dixon, Harold R. Schmidt, Lawrence A. Demase, Pittsburgh, for appellee.

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

OPINION OF THE COURT

NIX, Justice.

The Department of Environmental Resources (Department) issued an order pursuant to § 1917-A of the Administrative Code, 1929, April 9, P.L. 177, art. XIX-A, § 1917-A, added 1970, December 3, P.L. 834, No. 275, § 20, 71 P.S. § 510-17, effective January 19, 1971 (Supp. 1974-75), directed to West Penn Power Company, appellee, relating to an alleged noise nuisance...

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