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DEPT. OF TRANSPORTATION v. PA. P.U.C. ET AL.

No. 752 C.D. 1981.

70 Pa.Commw. 128 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission, Consolidated Rail Corporation, County of Cambria, Borough of South Fork and Borough of Ehrenfeld, Respondents.

Commonwealth Court of Pennsylvania.

November 22, 1982.

Attorney(s) appearing for the Case

Stephen Dittman, Assistant Counsel, with him Herbert G. Zahn, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner.

John J. Gallagher, Assistant Counsel, with him John B. Wilson, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondents.

Argued September 14, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and DOYLE.

OPINION BY JUDGE ROGERS, November 22, 1982:

The Commonwealth of Pennsylvania, Department of Transportation (Department) seeks review of an Order of the Pennsylvania Public Utility Commission, entered March 11, 1981, allocating to the Department five per cent of the costs attributable to the repair of a bridge, constructed in the first decade of this century, located in the Borough of South Fork, Cambria County, and carrying the Borough's Grant Street over the Little...

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