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

No. 2514 C.D. 1980.

64 Pa.Commw. 224 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Pennsylvania Public Utility Commission, et al., Respondents.

Commonwealth Court of Pennsylvania.

January 21, 1982.

Attorney(s) appearing for the Case

Benjamin B. Wechsler, II, Assistant Counsel, with him Herbert G. Zahn, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner.

Richard S. Herskovitz, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondents.

Argued December 17, 1981, before President Judge CRUMLISH and Judges ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 21, 1982:

The Pennsylvania Department of Transportation (PennDOT) petitions for review of an order by the Public Utility Commission directing it to pay $3000 to the Consolidated Rail Corporation (Conrail) as PennDOT's share of the expense of repairing a bridge in the Borough of North Irwin.

In October of 1975, the borough filed a complaint against Westmoreland County, West Penn Power Company, Peoples Natural Gas, PennDOT and...

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