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MARSTELLER COM. WATER A. v. PennDER.

No. 2213 C.D. 1986.

103 Pa.Commw. 195 (1987)

519 A.2d 1112

The Marsteller Community Water Authority, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Bureau of Oil & Gas, Respondent.

Commonwealth Court of Pennsylvania.

January 15, 1987.

Attorney(s) appearing for the Case

William Gleason Barbin, Gleason, Difrancesco, Shahade & Markovitz, for petitioner.

Justina M. Wasicek, Assistant Counsel, for respondent.

Argued November 17, 1986, before Judges MacPHAIL, DOYLE and COLINS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 15, 1987:

The Department of Environmental Resources, Bureau of Oil and Gas Management (DER), has filed preliminary objections to Petitioner Marsteller Community Water Authority's (Authority) petition for review requesting injunctive relief. For the reasons set forth below, we sustain DER's objections and dismiss the Authority's petition for review.

The Authority provides water service to residents of Marsteller and Moss Creek...

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