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OCTORARO RAILWAY, INC. v. PA. P.U.C.

No. 1987 C.D. 1983.

85 Pa.Commw. 283 (1984)

Octoraro Railway, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

September 24, 1984.

Attorney(s) appearing for the Case

Randy L. Sebastian, with him, Randall C. Schauer, MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., for petitioner.

Charles F. Hoffman, Chief Counsel, with him, John B. Wilson, Deputy Chief Counsel, and John J. Gallagher, Assistant Counsel, for respondent.

John S. Halsted, County Solicitor, with him, Janet M. Colliton, Assistant County Solicitor, and Norman J. Pine, Assistant County Solicitor, for intervenor, the County of Chester.

Vincent J. Walsh, Jr., with him, Robert C. Wert, and G. Roger Bowers, for intervenor, Southeastern Pennsylvania Transportation Authority.

Argued June 7, 1984, before Judges CRAIG, DOYLE and BLATT, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 24, 1984:

Petitioner, Octoraro Railway (Octoraro), appeals from an order of the Pennsylvania Public Utility Commission (Commission) affirming an administrative law judge's finding that he did not have the power to rule on the validity of a lease agreement between Southeastern Pennsylvania Transit Authority (SEPTA) and Chester County (County), and a sublease agreement between the County and Petitioner.

On March 1, 1983, the...

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