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

No. 1240 C.D. 1973.

13 Pa.Commw. 555 (1974)

Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Plaintiff, and County of Blair, City of Altoona and Township of Logan, Intervening Plaintiffs v. Commonwealth of Pennsylvania, Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

May 21, 1974.

Attorney(s) appearing for the Case

R. Knickerbocker Smith, Jr., Assistant Counsel, with him Edward Munce, Acting Counsel, for plaintiff.

Marion D. Patterson, Jr., N. John Casanave and Bertram Leopold, for intervening plaintiffs.

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

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:

This original jurisdiction case is before us on preliminary objections filed by the Pennsylvania Department of Transportation (PennDOT) to a complaint in mandamus filed by the Pennsylvania Public Utility Commission (PUC) seeking to enforce compliance with an outstanding PUC order dated May 23, 1972, against PennDOT. This order required PennDOT to undertake, at...

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