Commonwealth v. Queen Coal Co.

Opinion by

Judge Rogers,

The plaintiff in this case, the Commonwealth of Pennsylvania, having taken an appeal from our refusal to grant a preliminary injunction, we provide this opinion in compliance with Supreme Court Rule 63.

The complaint avers that the defendants in their capacities hereinafter set out have modified, altered, rebuilt, refurbished and completely reconstructed an air contamination source, to wit, beehive coke ovens, without obtaining a permit of the Department of Health (now the Department of Environmental Resources); have operated said modified, altered, rebuilt, refurbished…