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NEWLIN CORP. v. DEPT. ENV. RESOURCES

134 Pa.Commw. 396 (1990)

579 A.2d 996

NEWLIN CORPORATION and Somerset of Virginia, Inc., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. NEWLIN CORPORATION and Somerset of Virginia, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided August 10, 1990.

Attorney(s) appearing for the Case

Bruce L. Thall, Abramson, Cogan, Kogan, Freedman & Thall, P.C., Philadelphia, for petitioners/respondents, Newlin Corp. and Somerset of Virginia, Inc.

Kenneth A. Gelburd, Deputy Regional Chief Counsel, for respondent/petitioner, Com. of Pennsylvania, Dept. of Environmental Resources.

Before CRAIG, President Judge, PALLADINO, J., and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

This case comes before us as a cross-petition for review of an October 18, 1989 adjudication and order of the Environmental Hearing Board (EHB) regarding an abatement order issued by the Department of Environmental Resources (DER), petitioners and cross-respondents, to, inter alia, Somerset of Virginia, Inc. (Somerset) and Newlin Corporation (Newlin), respondents and cross-petitioners.1

An October...

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