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MANCHESTER TOWNSHIP v. PA. PUC.

Nos. 1009 and 1031 C.D. 1978.

43 Pa.Commw. 118 (1979)

Manchester Township, Petitioner v. Pennsylvania Public Utility Commission, Respondent; Commonwealth of Pennsylvania, Department of Transportation, Intervenor. County of York, Petitioner v. Pennsylvania Public Utility Commission, Respondent; Commonwealth of Pennsylvania, Department of Transportation, Intervenor.

Commonwealth Court of Pennsylvania.

May 30, 1979.

Attorney(s) appearing for the Case

Wayde P. Seidensticker, with him Seidensticker and Roe, for petitioner, Manchester Township.

Lewis P. Sterling, Solicitor, for petitioner, York County.

John J. Gallagher, with him Harvey S. Miller, Assistant Counsel, John B. Wilson, Assistant Counsel, and George M. Kashi, Chief Counsel, for respondent.

Argued March 7, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE BLATT, May 30, 1979:

The County of York (County) and Manchester Township (Township) both appeal from a decision of the Public Utility Commission (PUC) which ordered them to share the cost of improvements to a highway-rail crossing. The cases have been consolidated for the purpose of this appeal.

On May 27, 1976, the Township filed a complaint with the PUC alleging that a crossing where...

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