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

No. 1197 C.D. 1973.

13 Pa.Commw. 550 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Appellee.

Commonwealth Court of Pennsylvania.

May 21, 1974.

Attorney(s) appearing for the Case

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

John B. Wilson, Assistant Counsel, with him R. Knickerbocker Smith, Jr., Assistant Counsel, and Philip P. Kalodner, Counsel, for appellee.

Argued February 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, May 21, 1974:

On September 5, 1973, the Pennsylvania Department of Transportation (PennDOT) took an appeal to this Court from "Orders" of the Pennsylvania Public Utility Commission (PUC), which, PennDOT asserts, were entered on August 28 and August 29, 1973. Arguing that actions taken by the PUC on August 28 and 29, 1973, are not appealable orders, PUC moves to quash the appeal...

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