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BENJAMIN COAL CO. v. PennDER.

No. 3398 C.D. 1985.

100 Pa.Commw. 1 (1986)

513 A.2d 1120

Benjamin Coal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Nicholas DeBenedictis, In his capacity as Secretary of the Department of Environmental Resources; and all others acting on their behalf, Respondents.

Commonwealth Court of Pennsylvania.

August 13, 1986.

Attorney(s) appearing for the Case

Stephen C. Braverman, with him, John M. Elliott and Charles E. Gutshall, Of Counsel: Baskin, Flaherty, Elliott & Mannino, P.C., for petitioner.

Richard P. Mather, Assistant Counsel, for respondents.

Argued June 9, 1986, before judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 13, 1986:

During 1983 and 1984, the Benjamin Coal Company obtained numerous surety bonds from the Union Indemnity Insurance Company of New York, and filed them with the Department of Environmental Resources (DER), as required by section 4(d) of the Pennsylvania Surface Mining Conservation and Reclamation Act.1

By letter dated September 18, 1985...

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