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ERIE-WESTERN PA. PORT AUTH. v. RUGARE

No. 1047 C.D. 1975.

29 Pa.Commw. 83 (1977)

Erie-Western Pennsylvania Port Authority v. Joseph Rugare, d/b/a Julie Marie Lake Rides, Appellant.

Commonwealth Court of Pennsylvania.

March 3, 1977.

Attorney(s) appearing for the Case

Daniel J. Beggy, with him Mansmann, Beggy & Campbell, for appellant.

Paul F. Curry, with him Stephen E. Jones, William C. Sennett, and Knox, Graham, Pearson, McLaughlin and Sennett, Inc., for appellee.

Argued May 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE ROGERS, March 3, 1977:

The narrow issue of this case is that of whether the exercise of regulatory authority by the Erie-Western Pennsylvania Port Authority (Port Authority) over ferryboat operations at the port of Erie, Pennsylvania, pursuant to the Third Class City Port Authority Act (Act)1 preempts the regulatory authority of the Pennsylvania Public Utility Commission...

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