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AKRON BOROUGH v. PA. P.U.C.

441 Pa. 9 (1970)

Akron Borough v. Pennsylvania Public Utility Commission, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

Ronald Ziegler, Assistant Counsel, with him Edward Munce, Assistant Counsel, and Paul Silverstein, Counsel, for Pennsylvania Public Utility Commission, appellant.

W. Russel Hoerner, with him Kenelm L. Shirk, Jr., and Shearer, Mette & Hoerner, and Shirk & Reist, for borough, appellee.

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

OPINION BY MR. JUSTICE COHEN, October 9, 1970:

This is an appeal from an order of the Court of Common Pleas of Dauphin County dismissing preliminary objections of the Public Utility Commission to a complaint in equity. The PUC states it is bringing this appeal under the Act of March 5, 1925, P.L. 23 § 1, 12 P.S. § 672, since the jurisdiction of the subject matter of this action lies exclusively in it.

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