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PA. P.U.C. v. CITY OF ERIE ET AL.

No. 1597 C.D. 1976.

33 Pa.Commw. 206 (1978)

Pennsylvania Public Utility Commission, Plaintiff v. City of Erie, Robert J. Waytenick, City Director of Public Works, and Stanley J. Prazer, Bureau Chief of the City's Bureau of Water, Defendants.

Commonwealth Court of Pennsylvania.

January 4, 1978.

Attorney(s) appearing for the Case

Kenneth S. Siegel, Assistant Counsel, with him George M. Kashi, Assistant Counsel, and Barnett Satinsky, Acting Counsel, for plaintiff.

Robert D. Hain, Assistant City Solicitor, for defendant.

Argued December 5, 1977, before Judges WILKINSON, JR., ROGERS and DISALLE, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., January 4, 1978:

This matter is before us on motion of the Pennsylvania Public Utility Commission (Commission) for judgment on the pleadings on its complaint in mandamus to enforce an order requiring defendants to sell water to a water company which serves customers in a township contiguous to, but beyond the corporate limits of, defendant City of Erie (City). We grant the Commission's motion.

The City began selling water to...

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