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SEPTA v. PENNSYLVANIA PUBLIC UTILITY COM'N

Civ. Nos. 92-0112, 92-1029 and 92-3793.

802 F.Supp. 1273 (1992)

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION and Township of Lower Merion. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION and Township of Upper Gwynedd. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION.

United States District Court, E.D. Pennsylvania.

September 29, 1992.

Attorney(s) appearing for the Case

David P. Bruton, Alfred W. Putnam, Jr., Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff Southeastern Pennsylvania Transport. Authority.

Susan D. Colwell, David A. Salapa, Harrisburg, Pa., for defendant Pennsylvania Public Utility Com'n.

Gilbert P. High Jr., Thomas D. Rees, Lori K. Comer, High, Swartz, Roberts & Seidel, Norristown, Pa., for defendant Tp. of Lower Merion.

Robert J. Kerns, Lansdale, Pa., for defendant Tp. of Upper Gwynedd.

OPINION

LOUIS H. POLLAK, District Judge.

These consolidated cases involve three separate orders issued by defendant Pennsylvania Public Utility Commission ("the PUC") allocating costs upon plaintiff Southeastern Pennsylvania Transportation Authority ("SEPTA") for maintenance of four highway bridge structures that pass over railway lines owned and operated by SEPTA.1 SEPTA claims that this assignment of costs is precluded by a...

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