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PA. P.U.C. v. DEPT. OF TRANSPORTATION et al.

2 Pa.Commw. 144 (1971)

Pennsylvania Public Utility Commission v. Department of Transportation of the Commonwealth of Pennsylvania; Township of Upper Merion; County of Montgomery; Philadelphia Suburban Transportation Co.; The Pennsylvania Railroad Company; Philadelphia Suburban Water Co.; Philadelphia Electric Company; Sun Pipe Line Company; The Bell Telephone Company; and Philadelphia Gas Works Company.

Commonwealth Court of Pennsylvania.

April 29, 1971.

Attorney(s) appearing for the Case

Gregory J. Dean, with him James E. Meneses, for appellant.

Dominic J. Ferraro, Assistant counsel, with him Edward Munce, Acting Counsel, for appellee.

Harris J. Latta, Jr., for amicus curiae, Penn Central Railroad.

George J. McGonchie, with him Edward H. Huss, for intervening appellee, Philadelphia Suburban Transportation Company.

Argued February 11, 1971, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and ROGERS.

OPINION BY JUDGE WILKINSON, April 29, 1971:

The issue before the Pennsylvania Public Utility Commission in this case was who should rebuild an overhead bridge on a township road in Upper Merion Township, Montgomery County, where the township road crossed the tracks of the Philadelphia Suburban Transportation Company, and in what proportion the costs should be distributed. Also involved, in addition to the township and Philadelphia Suburban Transportation Company,...

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