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BOROUGH OF MED. v. PENNSYLVANIA PUB. UTIL.

500 Pa. 325 (1983)

456 A.2d 540

BOROUGH OF MEDIA and the Media Municipal Authority, Appellants, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION.

Supreme Court of Pennsylvania.

Filed January 28, 1983.

Reargument Denied March 16, 1983.

Attorney(s) appearing for the Case

Edward M. Gallagher, Media, for appellant at No. 731.

D. Barry Gibbons, Media, for appellee.

George H. Buchanan, Harrisburg, for PUC.

George M. Aman, III, Pa. Bar Ass'n, Jane A. Soldoveri, Philadelphia, for amici curiae.

William Moyer, Philadelphia, for appellant in No. 734.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

ORDER

PER CURIAM:

Order affirmed. 53 Pa.Cmwlth. 535, 419 A.2d 215.

O'BRIEN, former C.J., and McDERMOTT, J., did not participate in the decision of this case.

HUTCHINSON, J., files a dissenting opinion in which FLAHERTY, J., joins.

HUTCHINSON, Judge, dissenting.

I dissent. Without discussion, the majority ignores section 9(C) of the Municipalities Authority Act of 1945, Act of May 2...

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