COM. v. MAYER


131 Pa.Commw. 64 (1990)

569 A.2d 415

COMMONWEALTH of Pennsylvania, Appellant, v. George F. MAYER and Donald D. Mayer, individually and as co-partners, d/b/a George F. Mayer & Sons, Appellees.

Commonwealth Court of Pennsylvania.

Decided January 30, 1990.


Attorney(s) appearing for the Case

Janice V. Quimby, Asst. Counsel, Philadelphia, for appellant.

Francis J. Curran, Jr., with him, Garland D. Cherry, Cherry, Ferrara, Mutzel, Belefonte, McFadden & Wesner, Media, for appellees.

Before CRAIG and SMITH, JJ., and BARBIERI, Senior Judge.


CRAIG, Judge.

The Pennsylvania Department of Environmental Resources (DER) appeals an order of Judge Reed of the Court of Common Pleas of Delaware County which granted the request of George and Donald Mayer (Mayers) to return a twenty-five thousand dollar ($25,000) supersedeas bond which they posted with the trial court in 1974. We affirm.

According to the record, DER filed a complaint with the trial court in 1971 seeking to enjoin the Mayers' illegal operation...

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