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FEATHER ET AL. v. PA. P.U.C. ET AL.

No. 870 C.D. 1978.

41 Pa.Commw. 544 (1979)

Charles L. Feather and Ritchey Trucking, Inc., Petitioners v. Pennsylvania Public Utility Commission and Samuel J. Lansberry, Inc., Respondents.

Commonwealth Court of Pennsylvania.

April 9, 1979.

Attorney(s) appearing for the Case

Thomas M. Mulroy, for petitioners.

Michael C. Schnierle, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and George Kashi, Acting Chief Counsel, for respondent, Public Utility Commission.

Herbert R. Nurick, with him McNees, Wallace & Nurick, for intervenor.

Argued March 8, 1979, before Judges WILKINSON, JR., MENCER and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., April 9, 1979:

Petitioners were protestants in a proceeding before the Public Utility Commission (Commission) wherein intervening respondent, as transferee, sought the approval of the transfer of certain authority held by the transferor. The protestants relied on two grounds to prevent the transfer. First, the rights proposed to be transferred had been abandoned by the transferor; second, no testimony was offered to show the necessity...

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