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PHILADELPHIA, et al. v. P.U.C. et al.

2 Pa.Commw. 70 (1971)

City of Philadelphia, Appellant, and Pennsylvania Department of Transportation, Intervening Appellant, v. Public Utility Commission, Appellee, and The Bell Telephone Company of Pennsylvania, Intervening Appellee.

Commonwealth Court of Pennsylvania.

April 13, 1971.

Attorney(s) appearing for the Case

Matthew W. Bullock, Jr., First Deputy City Solicitor, with him Charles Kovler, Assistant City Solicitor, David L. German, Jr., and Levy Anderson, City Solicitor, for appellant City of Philadelphia.

Herbert G. Zahn, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, for intervening appellant.

Alan R. Squires, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee Public Utility Commission.

E. Everett Mather, with him John B. King and Donald F. Clarke, for intervening appellee, Bell Telephone Company of Pennsylvania.

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

OPINION BY JUDGE WILKINSON, April 13, 1971:

The City of Philadelphia and the Southeastern Pennsylvania Transportation Authority (SEPTA) filed an application with the Pennsylvania Public Utility Commission for approval of the construction of crossings where tracks in the extension of the Broad Street subway in the bed of Broad Street will be crossed by city streets from Snyder Avenue south to Pattison Avenue in Philadelphia to accommodate travel to and from the new...

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