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PITTSBURGH v. P.U.C. and DUQUESNE L. CO.

Appeals, Nos. 105 C.D. 1971 and 128 C.D. 1971.

3 Pa.Commw. 546 (1971)

Pittsburgh v. P.U.C. and Duquesne Light Company. Atomic Energy Commission v. P.U.C. and Duquesne Light Company.

Commonwealth Court of Pennsylvania.

December 7, 1971.

Attorney(s) appearing for the Case

Albert D. Brandon, Utility Counsel, with him Ralph Lynch, Jr., City Solicitor, for appellant, City of Pittsburgh.

Joseph Gallo, Counsel for U.S. Atomic Energy Commission, with him Alan S. Rosenthal, U.S. Department of Justice, and S. John Cottone, U.S. Attorney, for appellant, U.S. Atomic Energy Commission.

Ronald Zeigler, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee, Pennsylvania Public Utility Commission.

Charles E. Thomas, with him David Dunlap, Jack F. Aschinger and Metzger, Hafer, Keefer, Thomas & Wood, for intervening appellee, Duquesne Light Company.

Argued October 19, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE ROGERS, December 7, 1971:

The intervening appellee, Duquesne Light Company, has filed motions to quash appeals taken by the City of Pittsburgh and the Atomic Energy Commission from an order of the Public Utility Commission allowing Duquesne Light Company a rate increase. The appeals thus attacked were taken in each instance by the filing of a praecipe for appeal only.

The ground of the motions to quash is that the appeals were not taken in...

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