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EXECUTONE OF PHILA., INC. v. PA. PUC.

No. 831 C.D. 1979.

52 Pa.Commw. 74 (1980)

Executone of Philadelphia, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

June 6, 1980.

Attorney(s) appearing for the Case

William R. Deasey, Deasey, Scanlon & Bender, Ltd., with him James H. Johnston, Cohn and Marks, for petitioner.

Bohdan R. Pankiw, Assistant Counsel, with him Steven A. McClaren, Deputy Chief Counsel and George M. Kashi, Chief Counsel, for respondent.

Gerald J. St. John, with him Irving R. Segal, Schnader, Harrison, Segal & Lewis, Donald F. Clarke and Raymond F. Scully, for Intervenor, Bell Telephone Company of Pennsylvania.

Argued April 11, 1980, before President Judge CRUMLISH and Judges BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, June 6, 1980:

Executone of Philadelphia, Inc. (Executone) petitions for review of the order of the Pennsylvania Public Utility Commission (PUC) which terminated the PUC's own investigation of tariffs filed by the Bell Telephone Company of Pennsylvania (Bell) and dismissed Executone's complaint which alleged the rates set forth in those tariffs to be below cost, and thus in violation of law.

The subject tariffs proposed rates for three...

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