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

No. 30 C.D. 1978.

45 Pa.Commw. 80 (1979)

City of Pittsburgh and Urban Redevelopment Authority of Pittsburgh, Petitioners v. Pennsylvania Public Utility Commission, Department of Transportation, Pittway Corporation and Duquesne Light Company, Respondents.

Commonwealth Court of Pennsylvania.

August 14, 1979.

Attorney(s) appearing for the Case

Marvin A. Fein and John O. Wicks, with them, Mead J. Mulvihill, Jr., City Solicitor; and John E. Fullerton, for petitioners.

Edward J. Morris, Harry H. Frank and Louis G. Cocheres, Assistant Attorney General, with them, Herbert G. Zahn, Assistant Attorney General; Robert W. Cunliffe, Deputy Attorney General; Gerald Gornish, Acting Attorney General; Candace N. Kreiger, Assistant Counsel; John B. Wilson, Assistant Counsel; Kathleen Herzog Larkin, Chief Counsel; Gerard F. Hickel; and Walter T. Wardzinski, for respondents.

Argued March 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and MacPHAIL. Judges BLATT, DiSALLE and CRAIG did not participate.

OPINION BY JUDGE CRUMLISH, JR., August 14, 1979:

The City of Pittsburgh and Urban Revelopment Authority of Pittsburgh appeal from an order of the Pennsylvania Public Utility Commission which required the City to reimburse Duquesne Light Company and Pittsburgh Railways Company (PRC) for expenses incurred in relocation resulting from the construction of the Liberty-Crosstown Thoroughfare.

In 1956 the City requested Commission approval to construct crossings...

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