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DEPT. of HIGHWAYS v. PA. P.U.C.

198 Pa.Super. 102 (1962)

Department of Highways, Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

June 12, 1962.

Attorney(s) appearing for the Case

Nelson M. Galloway, Assistant Attorney General, with him John R. Rezzolla, Jr., Chief Counsel, Alan Miles Ruben, Deputy Attorney General, and David Stahl, Attorney General, for Department of Highways, appellant.

Anthony L. Marino, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

E. Everett Mather, with him John B. King, for telephone company, intervening appellee.

Robert P. Garbarino, with him Vincent P. McDevitt and Samuel Graff Miller, for electric company, intervening appellee.

Walter T. Wardzinski and Thomas J. Munsch, Jr., for electric company under Rule 46.

Harris J. Latta, Jr., with him Windsor F. Cousins, for railroad company under Rule 46.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

OPINION BY RHODES, P.J., June 12, 1962:

This appeal by the Department of Highways of the Commonwealth of Pennsylvania from the order of the Pennsylvania Public Utility Commission of August 28, 1961, is controlled by our decision in Department of Highways v. Pennsylvania Public Utility Commission, 198 Pa.Super. 87, 182 A.2d 267 (No. 9, March Term, 1962). Substantially similar questions are raised on both appeals.

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