November 13, 1962
SAYRE LAND COMPANY
PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLANT.
Appeal, No. 31, May T., 1962, from order of Superior Court, March T., 1961, No. 7, reversing decree of Court of Common Pleas of Dauphin County, No. 2117 Equity Docket 1954, No. 150 1/2 Commonwealth Docket, 1954, in case of The Sayre Land Company v. Pennsylvania Public Utility Commission. Order affirmed.
Edward Munce, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellant.
James H. Booser, with him Harry H. Frank, and McNees, Wallace & Nurick, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
[ 409 Pa. Page 357]
OPINION PER CURIAM
Order of the Superior Court reversing decree of the lower court is affirmed on the opinion of Judge ERVIN, 196 Pa. Superior Ct. 417, 175 A.2d 307 (1961).
Mr. Justice COHEN and Mr. Justice EAGEN would reverse the order of the Superior Court and reinstate the final decree of the Court of Common Pleas of Dauphin County.
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