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COMMONWEALTH v. BARNES & TUCKER CO.

No. 896-A Tr. Dkt. 1970.

23 Pa.Commw. 496 (1976)

Commonwealth of Pennsylvania, Plaintiff v. Barnes & Tucker Company, Defendant.

Commonwealth Court of Pennsylvania.

March 2, 1976.

Attorney(s) appearing for the Case

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

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

Argued September 10, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, March 2, 1976:

In reversing this Court and remanding the case to us for further proceedings consistent with its opinion, Commonwealth v. Barnes & Tucker Company, 455 Pa. 392, 319 A.2d 871 (1974), the Supreme Court in our analysis of its opinion, has unequivocally declared:

(1) that the discharge of acid mine drainage from Mine No. 15 into the waters of the Commonwealth constitutes...

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