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DER v. LEE BOWMAN ASPHALT, INC.

No. 1043 C.D. 1979.

54 Pa.Commw. 71 (1980)

Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant v. Lee Bowman Asphalt, Inc., Appellee.

Commonwealth Court of Pennsylvania.

September 25, 1980.

Attorney(s) appearing for the Case

Albert E. Vogel, Jr., Assistant Attorney General, with him John P. Krill, Jr., Assistant Attorney General, for appellant.

No appearance for appellee.

Argued June 6, 1980, before Judges WILKINSON, JR., MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., September 25, 1980:

The Pennsylvania Department of Environmental Resources (DER) has appealed to this Court from an order of the Court of Common Pleas of Clinton County, which quashed DER's appeal to the lower court from a summary proceeding before a district justice.

In September, 1978, DER filed summary charges against Lee Bowman Asphalt, Inc. (defendant), the instant appellee, for violations under the Air Pollution Control...

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