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DUNK et ux., v. PA. P.U.C.

434 Pa. 41 (1969)

Dunk et ux., Appellants, v. Pennsylvania Public Utility Commission. Smith et ux., Appellants, v. Pennsylvania Public Utility Commission.

Supreme Court of Pennsylvania.

October 11, 1968.

Reargued January 22, 1969.

April 23, 1969.

Attorney(s) appearing for the Case

David Berger, with him Norman C. Henss, Harold Greenberg, and Cohen, Shapiro, Berger, Polisher and Cohen, for appellants (Dunk).

Bayard M. Graf, with him Christian V. Graf, for appellants.

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

Charles E. Thomas, with him Jack F. Aschinger, Donald Blanken, Samuel Graff Miller, Vincent P. McDevitt, and Metzger, Hafer, Keefer, Thomas and Wood, for Philadelphia Electric Company, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE ROBERTS, April 23, 1969:

These two cases have taken different routes and stopped at different stations, but both have now come to the same resting place, presenting the same issues. Dunk, No. 1 May Term 1969, is an appeal from an order of the Superior Court, 210 Pa.Super. 183, 232 A.2d 231 (1967); Smith, No. 92 May Term 1967, is an appeal from the decree of the Court of Common Pleas of...

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