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U. S. ALUMINUM CORP. APPEAL

Nos. 341 C.D. 1988 and 474 C.D. 1988.

123 Pa.Commw. 376 (1989)

553 A.2d 1046

In Re: Appeal From Stop, Cease and Desist Order, Application for Variance and Constitutional Challange of U. S. Aluminum Corporation of Pennsylvania. U. S. Aluminum Corporation of Pennsylvania, Appellant. In Re: Appeal of Stop, Cease and Desist Order, Application for Variance and Constitutional Challenge of U. S. Aluminum Corporation of Pennsylvania. Borough of Marietta, Appellant.

Commonwealth Court of Pennsylvania.

February 8, 1989.

Attorney(s) appearing for the Case

James R. McManus, with him, David E. Greer, Herr, Greer & Hoberg, for appellant/appellee, U. S. Aluminum Corporation of Pennsylvania.

Michael J. Hohenadel, Nikolaus, Hohenadel, Chesters & Umbenhauer, for appellant/appellee, Borough of Marietta.

William C. Crosswell, Morgan, Hallgren, Crosswell & Kane, P.C., for appellant/appellee, Marietta Borough Zoning Hearing Board.

Argued September 13, 1988, before President Judge CRUMLISH, JR., Judge SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, February 8, 1989:

U.S. Aluminum Corp. of Pennsylvania (Appellant) has appealed from an order of the Court of Common Pleas of Lancaster County which affirmed a decision of the Zoning Hearing Board (Board) of Marietta Borough (Borough) subjecting Appellant's use of an aluminum shredder to limitations on the hours of operation. The Borough has cross-appealed to preserve its right to object to the trial court's rejection of its res judicata...

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