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PENNSYLVANIA RAILROAD COMPANY ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (10/02/56)

October 2, 1956

THE PENNSYLVANIA RAILROAD COMPANY ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 139, 140, 142-146, April T., 1956, and Nos. 163, 164, 166-171, 173, 192, 193, Oct. T., 1956, from orders of Public Utility Commission at Docket No. A-23797, Folders 9 and 10, in case of The Pennsylvania Railroad Company et al. v. Pennsylvania Public Utility Commission. Order as to No. A-23797, Folder 9, reversed; order as to Folder 10 vacated and record remanded.

COUNSEL

Donald A. Brinkworth, for protestant, appellant.

Paul F. Barnes, with him Shertz, Barnes & Shertz, for protestants, appellants.

Henry M. Wick, Jr., with him Samuel P. Delisi, for protestants, appellants.

William J. Wilcox, for protestant, appellant.

James W. Hager, with him McNees, Wallace & Nurick, for protestant, appellant.

L. Norman Dilley and Voorhees, Dilley, Keck and Rowley, for protestant, appellant.

Andrew C. Armstrong, for protestant, appellant.

John H. Scott, Jr., and Reed, Smith, Shaw and McClay, for protestant, appellant.

Owen B. McManus, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Pennsylvania Public Utility Commission, appellee.

Jerome Solomon, with him Joseph H. Reich, for applicant, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Ervin

[ 182 Pa. Super. Page 56]

OPINION BY ERVIN, J.

These appeals are by protestant motor and rail carriers from an order of the Pennsylvania Public Utility Commission, dated May 28, 1956, granting to John Benkart & Sons Co., the intervening appellee, hereinafter called Benkart, "the right to operate motor vehicles as a common carrier as follows: 'To transport, as a Class D carrier, iron and steel and iron and steel articles from points in the counties of Allegheny and Beaver to points in Pennsylvania east of a line drawn along

[ 182 Pa. Super. Page 57]

    the eastern boundaries of the counties of McKean, Cameron, Clearfield, Cambria and Bedford, and the return of refused or damaged merchandise;

'To transport, as a Class D carrier, iron and steel and iron and steel articles from points in the counties of Allegheny and Beaver to points located west of the eastern boundaries of the counties of McKean, Cameron, Clearfield, Cambria ...


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