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I.T.S. v. COM., DEPT. OF ENV. RES.

486 Pa. 536 (1979)

406 A.2d 1020

INTERSTATE TRAVELLER SERVICES, INC. a/k/a Tri-County Oil Company, Inc., the Township of Boggs and Boggs Township Authority, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES and Mid-Centre County Authority, Appellees.

Supreme Court of Pennsylvania.

Decided October 1, 1979.

Attorney(s) appearing for the Case

Ronald M. Katzman, Harrisburg, for appellant Interstate Traveller Services, Inc., etc.

David A. Flood, Bellefonte, for appellant Tp. of Boggs, etc.

John P. Krill, Jr., Asst. Atty. Gen., Harrisburg, for Dept. of Environmental Resources.

Robert Moore, Harrisburg, for Mid-Centre County Authority.

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

OPINION

PER CURIAM.

The Court being equally divided, the order is affirmed.

LARSEN, J., filed an opinion in support of affirmance in which EAGEN, C.J., and O'BRIEN, J., join.

MANDERINO, J., filed an opinion in support of reversal in which ROBERTS and NIX, JJ., join.

OPINION IN SUPPORT OF AFFIRMANCE

LARSEN, Justice.

On January 17, 1977, appellants, Interstate Traveller Services (ITS), Township of Boggs (township)...

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