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NAGLE ET AL. v. PA. INS. DEPT. ET AL.

No. 972 C.D. 1977.

74 Pa.Commw. 400 (1983)

John Nagle and Yonish Trucking, Inc., Petitioners v. Pennsylvania Insurance Department et al., Respondents.

Commonwealth Court of Pennsylvania.

May 20, 1983.

Attorney(s) appearing for the Case

Leonard Schaeffer, with him, William H. Bishop and James D. Rosen, Pechner, Dorfman, Wolffe, Rounick & Cabot, for petitioners.

Hannah Leavitt, Assistant Counsel, with her, David T. Kluz, Assistant Attorney General; John H. Isom, Assistant Attorney General; Robert P. Kane, Attorney General; and William R. Balaban and Robert J. Demer, Balaban and Balaban; Joseph Manta, Frumkin & Manta, P.C.; Brian R. Steiner; Joseph R. Thompson; John E. O'Connor; Curtis P. Cheyney, III, Swartz, Campbell & Detweiler; Mark A. Welge; Edward German; Anthony Vale, and Roger T. Shoop, for respondents.

Argued April 5, 1983, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and MacPHAIL.

OPINION BY JUDGE CRAIG, May 20, 1983:

The procedural history of this case is well summarized in Pechner, Dorfman, etc. v. Insurance Department, Pa., 452 A.2d 230 (1982), and in Nagle v. Insurance Department, 46 Pa.Commw. 621, 406 A.2d 1229 (1979), our decision from which the appeal to the Supreme Court was taken.

Coal haulers, as petitioners, in 1977 brought these proceedings...

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