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DEPARTMENT HIGHWAYS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/12/62)

June 12, 1962

DEPARTMENT OF HIGHWAYS, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 80, March T., 1962, from order of Pennsylvania Public Utility Commission, No. 86012, in case of Department of Highways of Commonwealth of Pennsylvania v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Nelson M. Galloway, Assistant Attorney General, with him John R. Rezzolla, Jr., Chief Counsel, Alan Miles Ruben, Duputy Attorney General, and David Stahl, Attorney General, for Department of Highways, appellant.

Anthony L. Marino, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

E. Everett Mather, with him John B. King, for telephone company, intervening appellee.

Robert P. Garbarino, with him Vincent P. McDevitt and Samuel Graff Miller, for electric company, intervening appellee.

Walter T. Wardzinski and Thomas J. Munsch, Jr., for electric company under Rule 46.

Harris J. Latta, Jr., with him Windsor F. Cousins, for railroad company under Rule 46.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Rhodes

[ 198 Pa. Super. Page 103]

OPINION BY RHODES, P.J.

This appeal by the Department of Highways of the Commonwealth of Pennsylvania from the order of the Pennsylvania Public Utility Commission of August 28, 1961, is controlled by our decision in Department of Highways v. Pennsylvania Public Utility Commission, 198 Pa. Superior Ct. 87, 182 A.2d 267 (No. 9, March Term, 1962). Substantially similar questions are raised on both appeals.

The commission issued an order on August 28, 1961, approving the application of the ...


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