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BUTLER CO. MUSH. FARM ET AL. v. D.E.R.

No. 1638 C.D. 1980.

61 Pa.Commw. 48 (1981)

Butler County Mushroom Farm and Roy Lucas, Supervisor, Petitioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

July 24, 1981.

Attorney(s) appearing for the Case

Harley N. Trice, II, Reed, Smith, Shaw & McClay, for petitioners.

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

Argued June 5, 1981, before Judges ROGERS, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, July 24, 1981:

Butler County Mushroom Farms, Inc. (Butler)1 is engaged in the business of growing mushrooms in mined-out limestone mines at two locations, one in Butler and the other in Armstrong County. It employs about 950 people. All hourly employees who work underground are and have been required to record their presence on a time clock and it is agreed by the parties that this is a satisfactory means of keeping...

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