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SEDAT, INC. v. COM., DER

165 Pa.Commw. 431 (1994)

645 A.2d 407

SEDAT, INC. and Seven Sisters Mining Co., Inc., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES and Kenneth J. Fisher and Ann Fisher, Respondents.

Commonwealth Court of Pennsylvania.

Decided June 28, 1994.

Reargument Denied July 27, 1994.

Reargument and Reconsideration Denied February 15, 1995.

Attorney(s) appearing for the Case

Harry F. Klodowski, Jr. and Alan S. Miller, for petitioners.

Steven Lachman, for respondents.

Before CRAIG, President Judge, KELLEY, J., and RODGERS, Senior Judge.

CRAIG, President Judge.

The Pennsylvania Department of Environmental Resources has filed preliminary objections demurring to a petition for review which requests a writ of mandamus and equitable relief, filed by Sedat Inc. and Seven Sisters Mining Company, Inc.

The department presents the following issues: 1) whether the department can issue a surface mining permit pursuant to section 1396.4 of the...

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