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SEPTA v. PA. P.U.C.

Nos. 236 C.D. 1985 and 261 C.D. 1985.

95 Pa.Commw. 341 (1986)

505 A.2d 1046

Southeastern Pennsylvania Transportation Authority, Petitioner v. Pennsylvania Public Utility Commission, Respondent. West Goshen Township, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

March 4, 1986.

Attorney(s) appearing for the Case

Vincent J. Walsh, Jr., with him, James F. Kilcur and G. Roger Bowers, for petitioner, Southeastern Pennsylvania Transportation Authority.

Ronald C. Nagle, Buckley, Nagle, Gentry, McGuire & Morris, for petitioner, West Goshen Township.

Richard S. Herskovitz, Assistant Counsel, with him, John B. Wilson, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Joseph J. Malatesta, Jr., Malatesta, Hawke, McKeon & Morris, for intervenor, William Freas.

Argued December 11, 1985 before Judges CRAIG and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 4, 1986:

The Southeastern Pennsylvania Transportation Authority (SEPTA) and West Goshen Township appeal an order of the Pennsylvania Public Utility Commission that directed them to develop plans to improve an existing rail crossing. The commission concluded that "a public rail/highway crossing exists where Snyder Avenue (T-617) crosses at-grade one track of the Southeastern Pennsylvania...

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