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PennDOT ET AL. v. PA. POWER & LIGHT CO.

No. 723 C.D. 1977.

34 Pa.Commw. 594 (1978)

Commonwealth of Pennsylvania, Department of Transportation and City of Harrisburg, a Municipal Corporation, Plaintiffs v. Pennsylvania Power & Light Company, a Corporation, Defendant.

Commonwealth Court of Pennsylvania.

April 6, 1978.

Attorney(s) appearing for the Case

George D. Wenick, Assistant Attorney General, with him Herbert G. Zahn, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Nathan H. Waters, Jr., Assistant City Solicitor, for plaintiff.

Carroll F. Purdy, with him Jack F. Aschinger, and Thomas & Thomas, for defendant.

Argued March 3, 1978, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., April 6, 1978:

Plaintiffs, Department of Transportation (PennDOT) and the City of Harrisburg (City), have filed in this Court a complaint in equity seeking to compel the defendant, Pennsylvania Power and Light Company (PP&L), to relocate its utility lines and poles in a section of Cameron Street in the City so that a highway widening project may be completed. Presently before us are five preliminary objections of the defendant...

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