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PGH. & L. ERIE R.R. v. PA. P.U.C.

No. 1560 C.D. 1988.

124 Pa.Commw. 611 (1989)

556 A.2d 944

The Pittsburgh and Lake Erie Railroad Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

April 5, 1989.

Attorney(s) appearing for the Case

Richard A. Porach, 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, 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, April 5, 1989:

The Pittsburgh and Lake Erie Railroad Company (P&LE) petitions for review of an order of the Pennsylvania Public Utility Commission (Commission) which, inter alia, imposed the responsibility of maintaining Pier "L" and Span "B" of a bridge commonly known as the Mahoning Avenue Viaduct upon P&LE. We affirm.

The instant controversy stems from the reconstruction of a bridge which carries Mahoning Avenue,...

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