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PENNDER v. MONARCH P. CORP.

No. 926 C.D. 1986.

110 Pa.Commw. 578 (1987)

532 A.2d 1246

Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant v. Monarch Pallet Corporation, Appellee.

Commonwealth Court of Pennsylvania.

Argued April 20, 1987.

Attorney(s) appearing for the Case

John R. Embick, Assistant Counsel, for appellant.

W. Boyd Hughes, Hughes & Nicholls, for appellee.

Before Judges MacPHAIL and BARRY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE BARRY, October 30, 1987:

This is an appeal by the Department of Environmental Resources (DER) from an order of the Court of Common Pleas of Lackawanna County granting the demurrer of Monarch Pallet Corporation, appellee. Appellee had appealed to the trial court from a decision of a district justice which found appellee guilty of four counts of violating the Air Pollution Control Act (Act), Act of January 8, 1960, P.L. (1959) 2119, as amended,<...

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