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Up in Smoke: Pa. Medical Pot Faces Lawsuits, Ethics Concerns

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With just six months remaining until Pennsylvania’s inaugural medical marijuana program is scheduled to debut, two petitions could throw the state’s nascent cannabis industry into question.

Earlier this month, Keystone ReLeaf and Brightstar Biomedics filed two different petitions in Commonwealth Court alleging that the Department of Health’s permitting process for dispensaries and grow sites was inherently flawed and biased.

Scranton-based Brightstar asked for an injunction to prevent Pennsylvania Medical Solutions from moving forward as a grower and processor. PMS is a subsidiary of Vireo Health, which has been under criminal investigation for illegally transporting marijuana from Minnesota to New York. PMS violated Pennsylvania regulations by not disclosing their legal problems, Brightstar alleged in court documents.

While medical cannabis is legal is 30 states, it remains a Schedule 1 drug akin to heroin or LSD. Transporting it across state lines, even states that recognize medicinal or recreational pot, is against federal law.

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Meanwhile, Bethlehem-based Keystone ReLeaf has asked for a full stop of the statewide program, which is slated to start in April. The company said the Office of Medical Marijuana and Department of Health lacked transparency in its permitting process by keeping secret the identities of panelists who reviewed and ultimately granted licenses to potential growers and dispensaries. Regulators also made it difficult to appeal permit rejections, the company said in court documents.

"Simply put, no applicant understands how or why they scored a certain score in any category, and when challenged by way of administrative appeal, the (state) has, to date, utterly refused to explain or defend its scoring decisions," the company said in court papers.

State Sen. Daylin Leach, a Democrat who represents portions of Delaware and Montgomery counties and co-sponsored the medical marijuana legislation, said that veil of secrecy was intentional.

"The problem is if you publish [those names] … there will be opportunity for people to influence them," he said, adding that he is in favor of releasing those names after scoring has been completed.

"There is tension between being totally transparent and having a system that was not subject to even the appearance of outside influence. From my perspective, the Department of Health has worked very hard to get things done."

Some of the state’s wealthiest and most connected applicants did not, in fact, receive permits in this first round of licensing. That included Lindy Snider, the daughter of former Flyers owner Ed Snider, who was widely considered a favorite to win at least one permit. Snider was an early investor in the cannabis industry, and hoped to break into Pennsylvania’s market after years working with companies in other states.

But the state’s scoring system was blind. Judges did not know the identities of the applicants they were judging and the applicants did not know who judged them.

“We’re very proud of that. The richest applicants were not the most successful applicants. That’s as it should be.”

A vocal proponent for medical marijuana, Leach issued a public letter to Keystone ReLeaf asking the company to withdraw its injunction request against the state. If granted, dispensaries and grow sites currently under construction would have to stop. Restricting access to medication for debilitating conditions such as cancer, PTSD and Crohn's “would be cruel” and “heartless,” Leach said.

"Whenever you have a competitive process to award licenses, there will always be winners and losers and there will always be people who feel they were wronged in some way," he said. "But how can you have concern for the patients if you’re asking their medicine be taken away?"

Leach himself has been called into question after his dealings as a private cannabis industry attorney surfaced last week. He reportedly “moonlighted” as a medical marijuana legal consultant despite a prohibition against elected officials holding a financial stake in medical marijuana, The Morning Call reported.

Anticipating a conflict, Leach sent letter to state ethics commission in December 2016 asking whether the Public Official and Employee Ethics Act would restrict or prohibit him from acting as an attorney on matters related to the medical marijuana program.

The ethics commission ruled that a conflict did not exist unless Leach were “consciously aware of a private pecuniary benefit for himself, member of his immediate family or a business with which he or his immediate family is associated.” He would not be prohibited from acting as a legal consultant for clients applying to the medical marijuana program or advising permit awardees on compliance issues.

“The ethics commission approved everything I could have done,” he said. “Once the law was signed, I had no power. I had no power to award or deny licenses.”

Despite the legal wrangling, the Department of Health anticipates Pennsylvania's first dispensaries will be open by April.

"We continue to move forward with a patient-focused medical marijuana program for those suffering from one of the 17 serious medical conditions outlined in the law," a spokesperson said in an email statement.  

Keystone ReLeaf did not return requests for comment at the time of publication. Please check back for updates.



Photo Credit: AP

Fall Is In the Air: Check Out Some Fall Fun Near You

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Photo Credit: Getty Images

'Slippery Rail' Reported Prior to 69th St. Train Crash: NTSB

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Minutes before the train crash last month at 69th Street Station that injured 43 people on the Norristown High-Speed Line, the operator reported that his train failed to brake properly, according to a preliminary report issued Tuesday by the National Transportation Safety Board.

Light rain fell Aug. 22 as the train that would eventually crash at 69th Street tried to stop 17 stops earlier at Gulph Mills Station.

"The operator was unable to stop the train at the Gulph Mills Passenger Station and slid past the platform," the NTSB report states. "The operator reported the missed station and notified the controller at the SEPTA operations control center of slippery rail."

What happened in the minutes that followed, however, was unusual, according to the NTSB report.

"The controller stated that typically, if several slippery rail reports are received, an announcement regarding slippery rail is transmitted to all train operators. However, in this situation, this was the only report of slippery rail received," the report states.

The NTSB did not issue any cause for the crash in the preliminary report. Final reports from the federal agency usually take 12 to 18 months, and even longer occasionally for especially serious crashes.

The crash at 69th Street caused some officials to question if proper safeguards are in place to prevent future crashes on the Norristown High-Speed Line, which connects 22 stations between Norristown and 69th Street.

The report also noted that on the day of the accident, the operator of train 155 had completed eight runs between the Norristown Transportation Center and the 69th Street Transportation Center using the same single-railcar train.



Photo Credit: NBC10

Gunman Kills Man Inside South Philadelphia Home

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A gunman shot and killed a man inside a South Philadelphia home Tuesday afternoon.

The gunman shot a 20-year-old man once in the chest inside a home on the 700 block of Winton Street at 3:34 p.m. The victim was taken to Jefferson Hospital where he was pronounced dead at 4:07 p.m.

No arrests have been made. Police continue to investigate.



Photo Credit: NBC10

Racial Slurs Written on Cabrini University Dorm Rooms

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An investigation is underway after racial slurs were written on the doors of Cabrini University students.

The first incident was reported Saturday night. An African American female student told officials someone wrote the words, “Go home n*****” on the door of her dorm room. Cabrini University officials alerted Radnor Police and began their own investigation Sunday morning, pulling video footage for review.

School officials, including the university president, as well as various campus clubs met with the student and her family to show their support. A student-run prayer service was also held Monday while two special forums with the university president and other school leaders were planned.

On Tuesday, students reported another racial slur was written on the dorm room door of another African American female student in the same area where the first incident occurred. The vandal or vandals wrote the message, "Go Away Too N******."

No arrests have been made and officials have not released information on any suspects.

“We continue to work with Radnor Police Department on collecting evidence as we work to identify this person, or persons, who so blatantly go against everything we are as a diverse institution,” a Cabrini University spokesperson told NBC10. “We’ve increased security on campus and will continue to do everything we can to identify the perpetrator(s). We are holding campus-wide town halls and forums for students to update them and answer questions about these incidents and next steps.”

Cabrini University officials are encouraging anyone struggling with the recent incidents to reach out to their Counseling and Psychological Services Group as well as the Inclusivity Council.

Cabrini University is a Roman Catholic liberal arts university located in Radnor Township, Pennsylvania. The total student enrollment for the 2016-2017 school year was 2,436 while the undergraduate enrollment was 1,650, according to the National Center for Education Statistics. For undergraduate students, 18.6% were black or African American while 58.7% were white. 


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NBC10 First Alert Weather: Tracking Maria and Jose

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As Hurricane Jose and Hurricane Maria approach land, our region could feel some rain from the storms. NBC10 Chief meteorologist Tammie Souza has the details.

Reaction to Trumps Comments on North Korea

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After President Trump appeared at the United Nations addressing conflicts with North Korea, politicians and historians are reacting. NBC10's Lauren Mayk has local reactions.

Local Firefighters Return After Helping Hurricane Victims

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Northeast Philadelphia was an emotional place on Tuesday as a group of local firefighters returned home after helping victims of Hurricane Harvey and Hurricane Irma. NBC10's Aaron Baskerville was there for the happy reunion.


Teen Girls Attack and Rob Woman on SEPTA Train: Police

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An investigation is underway after a group of teen girls were caught on video attacking a woman on a SEPTA train Tuesday afternoon.

Police say the incident took place on a southbound Broad Street Line train between the Girard and City Hall stations around 3:30 p.m.

A witness said the incident began when a group of about ten teen girls began bullying a group of younger girls. When a young woman stepped in to defend the younger girls, the teens began attacking her, according to the witness. The teens stole the woman’s iPhone 7 before getting off the train at City Hall, police said.

If you have any information on the incident, please call SEPTA Police at 215-580-8111.

2 Pa. Women Stuck in Puerto Rico as Maria Moves Closer

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Two Bucks County, Pennsylvania women are among the millions of people in Puerto Rico bracing for Hurricane Maria as the Category 5 storm continues to pummel the Caribbean and threatens to hit the island with a force and violence not seen for “several generations.”

Alex McLaughlin of Bensalem and her friend Haley Connaughton of Doylestown traveled to Puerto Rico over the weekend for a girl’s trip.

“She actually just graduated from Temple so it was kind of like, alright, we’re graduating from college. Let’s do this before we can’t do it again,” McLaughlin told NBC10’s Denise Nakano during an interview over the phone Tuesday. “She graduated. I’m graduating. So we just decided, let’s just go on a girl’s trip.”

The two friends arrived at a hotel in Rincón, Puerto Rico Saturday night. It wasn’t until Sunday when they found out about Hurricane Maria.

The two women, who had initially planned to leave this Friday, tried looking up available flights to go home early ahead of the Hurricane but were unable to find any.

“We looked at flights last night and there was only one seat left on United,” McLaughlin said. “By the time we actually seriously considered it, everything was gone. So we can’t even get out right now.”

The women were evacuated from their hotel Tuesday and traveled to a new hotel in Mayagüez.

“They started saying, ‘Oh, it’s coming to hit us but you’re fine here. It’s not going anywhere near us,’” McLaughlin said. “Then we got evacuated today because it was supposed to come right over us.”

McLaughlin said the hotel they’re currently in is on higher ground but still near the ocean and only a bit higher than sea level. The hotel windows are boarded up and the building is surrounded by metal barriers. McLaughlin is unsure if that will be enough however to protect them from Maria’s powerful winds.

“We’re expected to get upwards of a hundred and something mile per hour winds probably around tonight,” she said. “So we’re just kind of hanging out right now.”

As nervous as McLaughlin is, she says she’d be even more scared if not for how calm everyone else around her appears to be.

“I’m kind of just taking everyone else’s vibes with me,” she said. “Everyone here has stayed pretty calm so it’s allowed me to get in a calm state of mind.”

“I’m just trying to stay as positive as one can be right now when you’re being faced with 160 mile per hour winds in your direct location.”

The two friends gathered as much food and water as they could though it was difficult to come by.

“The only water we found was a four pack of Fiji for ten bucks,” McLaughlin said. “That was about all we could find. Other then that we got a couple chips and brownies and muffins and cereal. Soda is completely sold out. We got apple juice because that was one of the only things left.”

They’re also trying as best as they can to keep their worried family members updated on the situation.

“They’ve been calling us and keeping in contact,” McLaughlin said. “It’s been pretty hard just because we don’t have cell service. They’re anticipating that the Wi-Fi and the cell service will go down. So we’ve just been kind of trying to keep in contact and get everyone updated with what we know but everything is in Spanish over here so we don’t really know much.”

For now, all they can do is brace for the storm and hope for the best. Despite their situation, McLaughlin still remains grateful.

“The people of Puerto Rico have been really great,” she said. “They’re preparing for mass devastation at this point. We got really, really luck where we are. But other people haven’t been so lucky. So they’re definitely bracing for the worst right now.”

As of Tuesday, Maria’s maximum sustained winds increased to 175 mph. It’s moving west-northwest at 10 mph and is expected to pass near the U.S. Virgin Islands Tuesday night before hitting Puerto Rico on Wednesday.

Scenes of Destruction as Deadly Earthquake Strikes Mexico

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Death and destruction in Mexico. More than 200 people are dead and dozens more missing from a deadly earthquake. The magnitude 7.1 quake was centered near the Puebla state town of Raboso. Rescue workers are working frantically to save people trapped beneath rubble. The earth shook on the 32nd anniversary of another major disaster. NBC10's Pamela Osborne has the latest on this breaking story.

Catch Up Quickly: Student's Death Not Hazing

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Here are the top news stories you need to know to start your day from your friends at NBC10.


TODAY'S TOP STORY 

Death of Lafayette Student Not Hazing, DA Says: A day of drinking, an accidental fall and delayed medical attention led to the death of a 19-year-old Lafayette College freshman, investigators said Tuesday. McCrae Williams' death does not appear to be the result of hazing or criminal conduct, Northampton County District Attorney John Morganelli said. Criminal charges will not be sought at this time. McCrae Williams, from Weston, Massachusetts, died Sept. 11 after a weekend of partying on campus. An autopsy concluded he died from blunt force trauma. "I do not see this as a Penn State case," Northampton County District Attorney John Morganelli said, referring to the hazing death of Timothy Piazza. "There is a strong likelihood he crashed onto the concrete floor and sustained a head injury."

    WHAT YOU MISSED YESTERDAY

    Teen Girls Attacked, Robbed on SEPTA Train: An investigation is underway after a group of teen girls were caught on video attacking a woman on a SEPTA train Tuesday afternoon. Police say the incident took place on a southbound Broad Street Line train between the Girard and City Hall stations around 3:30 p.m. A witness said the incident began when a group of about 10 teen girls began bullying a group of younger girls. When a young woman stepped in to defend the younger girls, the teens began attacking her, according to the witness. The teens stole the woman’s iPhone 7 before getting off the train at City Hall, police said.

    YOUR FIRST ALERT FORECAST  

    Rain is possible for Wednesday. But Thursday and Friday are expected to be sunny with temperatures in the low 80s. Get your full NBC10 First Alert forecast here.

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        TODAY'S TALKER                

        Racial Slurs Written on Cabrini University Dorm Rooms: An investigation is underway after racial slurs were written on the doors of Cabrini University students. The first incident was reported Saturday night. An African American female student told officials someone wrote the words, “Go home n*****” on the door of her dorm room. Cabrini University officials alerted Radnor Police and began their own investigation Sunday morning, pulling video footage for review. On Tuesday, students reported racial slurs were written on the dorm room doors of two more students in the same area where the first incident occurred. On one of the doors, the message "Go Away Too N******" was found. Radnor Police removed one of the vandalized doors from East Residence Hall Tuesday. "It really makes us all sick to have students experience something like that," said Cabrini University Provost Jeff Gingerich.

        AROUND THE WORLD

        Hurricane Maria Strikes Puerto Rico as Cat. 4: Category 4 Hurricane Maria was slamming into Puerto Rico early Wednesday and barreling toward the island with maximum sustained winds of 155 mph, with officials warning the storm is "extremely dangerous.” Puerto Rico's governor had urged residents of the territory to brace for the storm, which he warned would hit with "a force and violence" not seen in generations. "We're going to lose a lot of infrastructure in Puerto Rico," Gov. Ricardo Rossello said, adding that a likely island-wide power outage and communication blackout could last for days. "We're going to have to rebuild.” Authorities had warned that people in wooden or flimsy homes should find safe shelter before the storm's arrival.


        That's what you need to know to Catch Up Quickly, but we've got more stories worthy of your time. Click here to check them out



        Photo Credit: NBC10

        Amazon Accidentally Sends Baby Registry Emails to Customers

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        Thousands of Amazon users were probably delighted to get emails from the online retailer Tuesday notifying them someone bought items from their baby registries.

        But there was just one problem: most of those users weren't expecting or didn't have registries with the retail giant.

        The online retailer accidentally sent countless customers emails saying an item on nonexistent registries was on its way to their homes, sparking confusion and humor on social media.


        It's not clear what sparked the mishap, but Amazon later sent users a second email saying that the note was sent in error.

        The company also told The Verge that the mass emailing was caused by a "technical glitch."



        Photo Credit: Getty Images
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        Temple Student Murder Suspect Gets Hearing Pushed to Nov.

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        With tissues in hand, friends of murdered Temple University student Jenna Burleigh filed into a Philadelphia courtroom Wednesday morning. They appeared ready to confront her accused killer, Joshua Hupperterz, but he was not there.  

        Instead, his attorney asked for a continuation of Hupperterz's preliminary hearing. Burleigh's loved ones sat motionless as a court employee explained they would have to return in two months. They declined to be interviewed.

        "We need more time to do the investigation," Hupperterz's counsel David S. Nenner said outside the courtroom.

        "He's saying he didn't cause any harm to the girl and that's what he indicated to me. What happened that night- I'm not [at liberty] to talk."

        The hearing was rescheduled for late November. Nenner has been on the case for just three weeks, he said. 

        Hupperterz is charged with murder, abusing a corpse, possessing an instrument of crime and tampering with evidence. He is also facing drug charges for possession of marijuana and barbiturates, according to court documents. 

        "This is obviously a tragedy," Nenner said. "We want to respect [Burleigh] and her memory. We need to see what the evidence is."

        Just one week into the start of the school year, Burleigh left a bar near Temple's North Philadelphia campus with Hupperterz in the early hours of Aug. 31. They went back to his apartment a few blocks away, investigators said.

        Burleigh was killed about 4 a.m. inside that apartment, located on North 16th Street, police said. Hupperterz allegedly stuffed her body into a blue plastic storage bin and moved it to his mother’s home in Jenkintown. Sources said the 29-year-old then used a Lyft ride-hailing car to transport the remains to his grandmother’s home in Wayne County, Pennsylvania.

        Hupperterz's grandfather, George Stabilito, later found Burleigh's body one day after a Philadelphia police detective and FBI agent visited the property to question Hupperterz.

        Investigators noted in the report that he had scratches and cuts on his neck and lacerations to his right hand. A deep cut to his middle finger required several stitches. Hupperterz claimed he got some cuts when he broke a bowl while he was drunk, according to court documents. He said the scratches were from rough sex earlier in the week.

        Investigators have not revealed a motive in the killing.



        Photo Credit: Left: Mugshot via Philadelphia Police Department; Right: Temple U. Police
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        The Impact Tropical Storm Jose Is Having at the Shore

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        Tropical Storm Jose brings another day of danger along the Jersey shore and Delaware beaches. The big concern Wednesday morning will be the high tide along the oceanfront. NBC10's Matt DeLucia has the latest conditions and more on the threat that still remains.


        Man Dies in Midday Shooting in Lehigh Valley

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        A midday shooting on a Lehigh Valley street left a man dead.

        Gunfire rang out around 1:20 p.m. near Monroe Street and North 6th Street in Allentown, city police said.

        Officers found 37-year-old Paris Graves suffering from gunshot wounds. Graves died a short time later at the hospital.

        No word yet on a motive for the killing, which took place in a residential area where a church sits on the next corner.

        Investigators asked that anyone with information on the incident to call police at 610-437-7721.



        Photo Credit: Getty Images

        Kevin Hart, Wife Unite in Face of Alleged Extortion Plot

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        Kevin Hart and his wife Eniko Parrish are putting up a united front amid his alleged extortion scandal.

        A source tells E! News Parrish—who is pregnant with Hart's third child—has accepted her husband's apology and plans to move forward with him as a couple.

        "Eniko is aware of what's going on and that Kevin is not perfect," the insider explained. "She has accepted his apology and is focused on her pregnancy and what's to come. She has no plans for divorce. She believes Kevin is a good husband and always comes home to her."

        The biggest issue Parrish is struggling with is the massive amount of media coverage the scandal has gained.

        "She is bothered that these stories find their way into the press and that people are asking her about it," the source said. "But she does her best to ignore it all and move forward. She listens to her husband and is not going to get stressed out. She is supporting him and standing by him."

        The couple have since been spotted together, enjoying lunch in Los Angeles.

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        Hart took to Instagram on Saturday to publicly apologize to his pregnant wife and his two children, Heaven and Hendrix Hart, after finding out about the alleged extortion regarding an explicit video of the comedian with another woman.

        "I'm at a place in my life where I feel like I have a target on my back and because of that, I should make smart decisions. And recently, I didn't," he shared in the video. "You know, I'm not perfect. I'm not going to sit up here and say that I am or claim to be in any way shape or form."

        Hart continued, "I made a bad error in judgment and I put myself in a bad environment where only bad things can happen and they did. And in doing that, I know that I'm going to hurt the people closest to me, who've I talked to and apologized to, that would be my wife and my kids."

        According to TMZ, an anonymous person contacted Hart's team and provided a video of the comedian and another woman involved in a "sexually provocative situation." The person allegedly demanded a multi-million dollar amount in return for keeping the video private.

        While TMZ reports that the FBI is on the case and has a suspect, a spokesperson told E! News, "We cannot confirm or deny the existence of an investigation."

        Furthermore, the Los Angeles Police Department told us they are unaware of the situation.

        Hart's rep released a statement to us, further clarifying the situation: "Someone tried to set Kevin up in a failed extortion attempt. As law enforcement is involved, we cannot comment further as it could affect the investigation."



        Photo Credit: Getty Images for NAACP Image Awa
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        Crews Dismantle NJ Boardwalk After Big Rig Gets Stuck

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        A strange sight on the Ventnor, New Jersey boardwalk Wednesday morning as a wayward big rig wound up stuck on the wooden walkway. The incident prompted an hours-long operation with crews dismantling and reconstructing the boardwalk.

        The tractor-trailer driver drove onto the boardwalk at Albany Avenue in Atlantic City around 5:30 a.m. then drove nearly 2.5 miles down the boardwalk – almost the entire length of Ventnor – before coming to a stop near Washington Avenue, police said.

        "Never a dull day," said a passerby as Ventnor city employees worked to remove the 18,000-pound vehicle.

        Public works crews took down railings, piled up sand and put down wooden planks to help the truck make its turn as part of the boardwalk remained closed for about three hours.

        Crews first removed the truck cab then brought in a tow truck to remove the trailer, which was empty.

        The driver didn’t answer any questions as he left the scene after daylight Wednesday. Police say he will face several moving violations.

        There was no obvious damage done to the boardwalk, but a structural engineer would be brought in to check out the structural integrity of the elevated walkway.

        The driver’s ultimate destination wasn’t clear.



        Photo Credit: NBC10 - Ted Greenberg
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        Firefighters Decontaminate Chesco Mushroom Farm Employees

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        A hazmat situation caused the evacuation of a Chester County mushroom facility Wednesday as crews worked to decontaminate one dozen employees exposed to a chemical spill.

        Kennett Fire Company firefighters responded to a mushroom processing facility at Kaolin Mushroom Farms and South Mill Mushroom Sales along West South Street around 11:30 a.m. after employees were exposed to some sort of chemicals, firefighters said.

        Multiple fire vehicles could be seen responding to the scene. And, medics could be seen treating people, some on gurneys.

        Crew decontaminated 12 employees and transported them to the hospital.

        No word yet from authorities on possible injuries.

        A manager at the farm says they are following protocol following an incident.

        No word yet on what caused the incident. Firefighters said the spill was contained.

        South Mill has been located in Kennett Square, the self-proclaimed mushroom capital of the world, for 85 years. About 900 employees work at the Kennett Square cooperate headquarters, according to the company website. The company also has facilities in Atlanta, New Orleans, Houston and Dallas.



        Photo Credit: SkyForce10

        Hurricane Maria Tears Through Puerto Rico

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        NBC10's Pamela Osborne reports on the deteriorating conditions in Puerto Rico as Hurricane Maria continues to tear through the island Wednesday.



        Photo Credit: RTV/NBC News
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