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O'LEARY v. MOYER'S LANDFILL, INC.

Civ. A. No. 80-3849.

523 F.Supp. 659 (1981)

Thomas and Carol O'LEARY, et al., Commonwealth Department of Environmental Resources v. MOYER'S LANDFILL, INC., et al.

United States District Court, E. D. Pennsylvania.

August 27, 1981.

Attorney(s) appearing for the Case

Joseph M. Donley, Robert Hernan, Philadelphia, Pa., for private plaintiffs.

John R. Embick, Asst. Gen. Counsel, Commonwealth of Pa., Dept. of Environmental Resources, Kenneth A. Gelburd, Philadelphia, Pa., for the Com.

Bradford F. Whitman, Jonathan L. Braff, Philadelphia, Pa., for defendants.

OPINION

LOUIS H. POLLAK, District Judge.

I.

The Pennsylvania Department of Environmental Resources (DER) brought suit against Moyer's Landfill, Inc., Howard Moyer, Jr., Paul Lanigan, Catherine Moyer and Grange Environmental, Inc., in the Commonwealth Court of Pennsylvania. DER's papers contained a complaint in equity, petition to enforce administrative order, petition for contempt, and a petition for preliminary injunction. No. 1651 C.D. 1981....

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