Opinion
Argued January 25, 1994.
Decided February 15, 1994.
Appeal No. 108 M.D. Appeal Dkt. 1992 from Order of Commonwealth Court entered October 19, 1992, at No. 173 C.D. 1987; Bernard L. McGinley, Judge.
Robert O. Lampl, John P. Lacher, Pittsburgh, for Mazzaro Coal.
Ronald Skubecz, Harrisburg, for Atty. General's Office.
Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.
ORDER
Order affirmed.
CAPPY, J., dissents.
MONTEMURO, J., is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1800, due to the unavailability of LARSEN, J., see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993.