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CITY OF PGH. v. EQUITABLE GAS CO.

No. 353 C.D. 1985.

98 Pa.Commw. 523 (1986)

512 A.2d 83

City of Pittsburgh, Appellant v. Equitable Gas Company, Appellee.

Commonwealth Court of Pennsylvania.

July 8, 1986.

Attorney(s) appearing for the Case

John George Shorall, II, Assistant City Solicitor, with him, D. R. Pellegrini, City Solicitor, for appellant.

Louis C. Long, with him, John E. Kunz, Meyer, Darragh, Buckler, Bebenek & Eck, for appellee.

Louise A. Knight, with her, Joseph J. Malatesta, Jr., Malatesta, Hawke, McKeon & Morris, for Amicus Curiae, Pennsylvania Gas Association.

Argued June 10, 1986, before Judges MacPHAIL and DOYLE, and Senior Judge ROGERS, sitting as a panel of three.

OPINION BY SENIOR JUDGE ROGERS, July 8, 1986:

The question in this case is that of whether the City of Pittsburgh, which committed police and other relief measures to an emergency, may recover the costs of those services from the alleged tortfeasor, Equitable Gas Company (Equitable), which caused the accident.

In its complaint in "trespass/assumpsit" against Equitable, the city alleged that on January 24, 1984, an explosion occurred on one of Equitable's natural...

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