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CITY OF PITTSBURGH v. PENNDOT ET AL.

No. 1890 C.D. 1976.

41 Pa.Commw. 247 (1979)

City of Pittsburgh, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation et al., Respondents; Pennsylvania Public Utility Commission, Intervening Party Petitioner.

Commonwealth Court of Pennsylvania.

March 14, 1979.

Attorney(s) appearing for the Case

D.R. Pellegrini, Deputy City Solicitor, with him Mead J. Mulvihill, Jr., City Solicitor, for petitioner.

George D. Wenick, Assistant Attorney General, with him Herbert G. Zahn, Assistant Attorney General, and Robert W. Cunliffe, Deputy Attorney General, for respondent.

Argued October 31, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, DiSALLE and CRAIG. Judges BLATT and MacPHAIL did not participate.

OPINION BY JUDGE CRAIG, March 14, 1979:

In August of 1972, the Pennsylvania Public Utility Commission (Commission) ordered the City of Pittsburgh (City), at its initial expense, to begin demolition and reconstruction of the bridge carrying State Highway Route 228 over and above the grade of a track of the Baltimore & Ohio Railroad Company in the City of Pittsburgh, Allegheny County. By subseqent order dated January 15, 1974, the Commission required the Commonwealth...

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