Appeal, No. 89, April T., 1955, from order of Pennsylvania Public Utility Commission, Complaint Dockets Nos. 16205, 16206, 16165, and 16166, January 24, 1955, in case of City of Pittsburgh v. Pennsylvania Public Utility Commission. Appeal quashed.
Robert Engel, Assistant City Solicitor, with him J. Frank McKenna, Jr., for City of Pittsburgh, appellant.
W. Russel Hoerner, Assistant Counsel, with im Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.
David Dunlap, with him John T. Brown, for utility company, intervening appellee.
Before Rhodes, P.j., Hirt, Ross, Wright, Woodside, and Ervin, JJ. (gunther, J., absent).
[ 178 Pa. Super. Page 370]
This matter is before us on a motion to quash appeal and answer thereto. The appeal was not taken from a final appealable order. The order in this proceeding being interlocutory, it is not reviewable under
[ 178 Pa. Super. Page 371]
section 1101 (a) of the Public Utility Law of May 28, 1937, P.L. 1053, Art. XI, § 1101, 66 PS § 1431. A further opinion will be filed at a later date.
The appeal is quashed at the costs of appellant.
Opinion PER CURIAM, July 21, 1955:
The City of Pittsburgh appealed from the order of the Pennsylvania Public Utility Commission dated January 24, 1955, at Complaint Docket Nos. 16165, 16166, 16205, 16206. The commission's order lifted a suspension of a proposed increase in rates of Equitable Gas Company previously imposed by the commission on the company's tariff supplements Nos. 38 and 7.
The commission filed a motion to quash the appeal and the company was allowed to intervene as a party appellee. To the motion ...