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GATEWAY COAL CO. v. DER.

No. 173 C.D. 1978.

41 Pa.Commw. 442 (1979)

Gateway Coal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

March 30, 1979.

Attorney(s) appearing for the Case

Henry McC. Ingram, with him Philip C. Wolf, and Rose, Schmidt, Dixon, Hasley & Whyte, for petitioner.

Dennis W. Strain, Assistant Attorney General, for respondent.

Argued February 9, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., March 30, 1979:

This is an appeal from an order of the Environmental Hearing Board (Board) which sustained a motion to dismiss a portion of an appeal taken by petitioner Gateway Coal Company from an action by the respondent Department of Environmental Resources (Department). We affirm.

This controversy involves procedures to be used to test for methane gas in connection with a new roof support system in petitioner's underground...

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