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CSX TRANS., INC. v. PA. P.U.C.

No. 1583 C.D. 1988.

125 Pa.Commw. 528 (1989)

558 A.2d 902

CSX Transportation, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

May 2, 1989.

Attorney(s) appearing for the Case

David P. Helwig, with him, Gary F. Sharlock, Sharlock, Repcheck & Mahler, and R. Lyle Key, Jr., for petitioner.

Linda C. Smith, Assistant Counsel, with her, John B. Wilson, Deputy Chief Counsel, and Daniel P. Delaney, Chief Counsel, for respondent.

Christel L. Ertel-Kahlbaugh, Assistant Counsel, with her, Stephen F.J. Martin, Assistant Counsel, and John L. Heaton, Chief Counsel, for intervenor, Pennsylvania Department of Transportation.

Argued February 8, 1989, before President Judge CRUMLISH, JR., and Judges CRAIG, DOYLE, BARRY, COLINS, McGINLEY and SMITH.

OPINION BY JUDGE COLINS, May 2, 1989:

CSX Transportation, Inc. (CSXT) petitions for review of an order of the Pennsylvania Public Utility Commission (Commission) which, inter alia, overruled CSXT's exceptions and imposed upon it the responsibility of maintaining Abutment "M" and the superstructure of Span "A" of a bridge commonly known as the Mahoning Avenue Viaduct. This bridge carries Mahoning Avenue, a state highway, over and above the Shenango River, the...

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