April 9, 1985
LEONARD J. BODACK, APPELLANT
PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLEE
Appeal from Order of Commonwealth Court at 1453 C.D. 1982, filed January 28, 1983, sustaining a preliminary objection in the nature of a demurrer to Petition for Review.
AND NOW, this 9th day of April, 1985, the Order of the Commonwealth Court filed January 28, 1983 dismissing appellant's petition for a writ of prohibition is affirmed, Carpentertown Coal & Coke Co. v. Laird, 360 Pa. 94, 61 A.2d 426 (1948). See also Barasch, Consumer Advocate v. PUC and Pennsylvania Power Company, No. 31 W.D. Appeal Docket, 1984.
Mr. Justice Larsen, Mr. Justice Zappala and Mr. Justice Papadakos dissent and would reach the merits.
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