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DEPT. OF ENVIRON. RESOURCES v. MYERS

135 Pa.Commw. 526 (1990)

581 A.2d 696

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant, v. Richard E. MYERS and Mary Jane Myers, husband and wife, and REM Helicopters, Inc., Appellees. Richard E. MYERS and Mary Jane Myers, husband and wife, and REM Helicopters, Inc., Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellee.

Commonwealth Court of Pennsylvania.

Decided October 22, 1990.

Petition for Allowance of Appeal Denied March 19, 1991.

Attorney(s) appearing for the Case

Mark E. Garber, Chief Deputy Atty. Gen., with him, Ernest D. Preate, Jr., Atty. Gen., Harrisburg, for appellant/appellee, Com. of Pa.

Robert W. Barton, Harrisburg, for appellee/appellants, Richard E. Myers, Mary Jane Myers and REM Helicopters, Inc.

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

SILVESTRI, Senior Judge.

Before us are consolidated appeals filed by opposing parties in this case from the orders of the Court of Common Pleas of Dauphin County. In the first, the Pennsylvania Department of Environmental Resources (DER) appeals from the order of September 29, 1989 which denied its post-trial motion for a new trial or for judgment notwithstanding the verdict (n.o.v.). In the second, Richard E. Myers, Mary Jane Myers and REM Helicopters, Inc. appeal...

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