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FAIRVIEW WATER v. PENNSYLVANIA PUB. UT.

509 Pa. 384 (1985)

502 A.2d 162

FAIRVIEW WATER COMPANY, Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellee, and Pennsylvania Power & Light Company, Intervenor.

Supreme Court of Pennsylvania.

Decided December 11, 1985.

Reargument Denied March 18, 1986.

Attorney(s) appearing for the Case

Joseph J. Malatesta, Jr., Harrisburg, for appellant.

Mark C. Morrow, Louis A. Knight, Charles F. Hoffman, Harrisburg, for appellee.

David J. Dulick, Allentown, for intervenor Pa. Power & Light Co.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION

ZAPPALA, Justice.

On August 18, 1953, Fairview Water Company (Fairview) and Pennsylvania Power & Light Company (PP & L) entered into an agreement requiring Fairview to convey a right-of-way to PP & L for construction of an aerial electric transmission line across Fairview's property in Monroe County. After the line was installed, it was discovered that this line was not constructed in the area covered by the easement. To rectify this...

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