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DeFRANCESCO v. WESTERN PA. WATER

291 Pa.Super. 152 (1981)

435 A.2d 614

Joseph G. DeFRANCESCO and Frank Crea T/D/B/A Mt. Washington Ornamental Iron Works Company and Frank G. DeFrancesco and Frank Crea, as Individuals v. WESTERN PENNSYLVANIA WATER COMPANY, a Corporation, Appellant. Joseph F. LOY and Bernice Loy T/D/B/A Joseph F. Loy Tire Service Inc. v. WESTERN PENNSYLVANIA WATER COMPANY, a Corporation, Appellant.

Superior Court of Pennsylvania.

Filed October 2, 1981.

Petition for Allowance of Appeal Granted January 11, 1982.

Attorney(s) appearing for the Case

George I. Buckler, Pittsburgh, for appellant.

C. Robert Keenan, III, Pittsburgh, for appellees.

Before CERCONE, P.J., and MONTGOMERY and VAN der VOORT, JJ.

CERCONE, President Judge:

This case involves an appeal taken by Western Pennsylvania Water Company (hereinafter West Penn) challenging, inter alia,1 the jurisdiction of the court of common pleas to hear this case. Finding that initial jurisdiction over this controversy is vested in the Pennsylvania Public Utility Commission, we vacate the judgments of the lower court awarding...

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