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DEPT. OF ENV. RESOURCES v. WINN

142 Pa.Commw. 375 (1991)

597 A.2d 281

DEPARTMENT OF ENVIRONMENTAL RESOURCES and Commonwealth of Pennsylvania, Petitioners, v. Richard WINN and David Ehrlich, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Kenneth A. Gelburd, for petitioners.

Bruce L. Thall, for respondents.

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

BARBIERI, Senior Judge.

Petitioners, the Department of Environmental Resources (DER) and the Commonwealth of Pennsylvania (collectively referred to hereinafter as the Commonwealth parties), appeal by permission of this Court an interlocutory order of the Board of Claims denying their motion for judgment on the pleadings.

In 1983, DER issued an ex parte remediation order, requiring, inter alia, Richard Winn and David Ehrlich, respondents herein...

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