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COM. OF PA. v. DIAMOND SHAMROCK CHEM. CO.

No. 136 C.D. 1976.

38 Pa.Commw. 89 (1978)

Commonwealth of Pennsylvania, Plaintiff v. Diamond Shamrock Chemical Company, a unit of Diamond Shamrock Corporation, Defendant.

Commonwealth Court of Pennsylvania.

October 11, 1978.

Attorney(s) appearing for the Case

G. Alan Kramer, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for plaintiff.

Roger T. Shoop, with him James K. Thomas, and Thomas & Thomas, for defendant.

Argued June 6, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY PRESIDENT JUDGE BOWMAN, October 11, 1978:

This is an assumpsit action filed within our original jurisdiction by the Commonwealth of Pennsylvania (Commonwealth) against Diamond Shamrock Chemical Company (Diamond). Presently before us are (1) the Commonwealth's application for leave to file answer nunc pro tunc to Diamond's request for admissions and (2) Diamond's motion for summary judgment.

On January 20, 1976, the Commonwealth filed its complaint...

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