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COM., D. OF ENVIRON. RESOURCES v. FIORE

512 Pa. 327 (1986)

516 A.2d 704

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant, v. William FIORE, d/b/a Municipal and Industrial Disposal Company, Appellee.

Supreme Court of Pennsylvania.

Decided October 31, 1986.

Attorney(s) appearing for the Case

Lisette M. McCormick, Dennis W. Strain, Com. of Pennsylvania, Dept. of Environmental Resources, Pittsburgh, for appellant.

Robert P. Ging, Jr., Lee R. Golden, Pittsburgh, for appellees William Fiore, etc.

Harold Gondelman, Gondelman, Baxter, McVerry, Smith, Yatch & Trimm, Pittsburgh Co-Counsel for Fiore, etc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

The orders of Commonwealth Court dated December 7, 1984, 88 Pa.Cmwlth. 418, 491 A.2d 284, and March 28, 1985, are reversed. Since the record shows that hazardous wastes are involved, the case is remanded to Commonwealth Court for further proceedings. See Commonwealth v. Lutz, 512 Pa. 192, 516 A.2d 339 (1986).

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