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BESSEMER & L. ERIE R.R. CO. ET AL. v. PA. PUC.

No. 206 C.D. 1976.

28 Pa.Commw. 461 (1977)

Bessemer & Lake Erie Railroad Company et al., Plaintiffs v. Pennsylvania Public Utility Commission, Defendant. Pennsylvania State Legislative Board, United Transportation Union and Commonwealth of Pennsylvania, Party Defendants.

Commonwealth Court of Pennsylvania.

February 4, 1977.

Attorney(s) appearing for the Case

Gilbert J. Helwig, with him James R. Orr, Roger C. Wiegand, and Reed, Smith, Shaw & McClay, for plaintiffs.

Gordon P. MacDougall, Special Assistant Attorney General, and Thomas P. Shearer, with them Allen E. Warshaw, Deputy Attorney General; Robert P. Kane, Attorney General; Edward J. Morris, Counsel; Candace N. Kreiger, Assistant Counsel; and John B. Wilson, Assistant Counsel, for defendants.

Argued December 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, February 4, 1977:

This is a declaratory judgment action, under the Act of June 18, 1923, P.L. 840, as amended, 12 P.S. §§ 831-853, seeking to determine whether Act 142,1 requiring flag protection be provided against trains occupying the same track, is valid and constitutional.

While, the history of Act 142 is long and entwined...

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