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NEMACOLIN, INC. v. PennDER.

No. 1157 C.D. 1987.

115 Pa.Commw. 462 (1988)

541 A.2d 811

Nemacolin, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

April 26, 1988.

Attorney(s) appearing for the Case

Peter U. Hook, for petitioner.

Katherine S. Dunlop, Assistant Counsel, for respondent.

Argued March 22, 1988, before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 26, 1988:

Nemacolin, Inc. (Nemacolin) appeals from an order of the Environmental Hearing Board (board) granting the request for summary judgment of the Department of Environmental Resources (DER) and denying Nemacolin's appeal from a DER order directing that a swimming pool operated by Nemacolin be closed and drained and remain so until such time as Nemacolin secured a permit from DER to operate the pool.

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