IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
March 17, 2009
PENNSYLVANIA ELECTRIC COMPANY, PETITIONER
SHARON L. DODSON, EXECUTRIX OF THE ESTATE OF CARL E. DODSON, DECEASED, AND SHARON L. DODSON, IN HER OWN RIGHT, ALLEN REFRACTORIES COMPANY, ALLIED GLOVE CORPORATION, AMERICAN STANDARD, INC., AND ITS DIVISION, IN ITS OWN RIGHT AND AS SUCCESSOR TO WESTINGHOUSE AIRBRAKE AND/OR WABCO, ANCHOR PACKING COMPANY, ARGO PACKING COMPANY, ATLANTIC CITY ELECTRIC COMPANY, BALTIMORE GAS & ELECTRIC COMPANY, BERKEBILE BROTHERS, INC., BORG-WARNER CORPORATION, BY ITS SUCCESSOR IN INTEREST BORGWARNER MORSE TEC, INC., BUELL ENGINEERING COMPANY, INC., CASHCO, INC., CBC CORPORATION, SUCCESSOR BY MERGER TO WESTINGHOUSE ELECTRIC CORPORATION, CBS CORPORATION AND VIACOM, INC., VIACOM, INC., SUCCESSOR BY MERGER TO WESTINGHOUSE ELECTRIC CORPORATION, CBS CORPORATION AND VIACOM, INC., CRANE COMPANY, INC., DELMARVA POWER & LIGHT COMPANY, DEZURIK, INC., DRAVO CORPORATION, EATON CORPORATION, AS SUCCESSOR-IN- INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., EBASCO SERVICES, INC., FOSTER WHEELER CORPORATION, GARLOCK SEALING TECHNOLOGIES, LLC, F/K/A GARLOCK, INC., GENERAL ELECTRIC COMPANY, GILBERT ASSOCIATES, INC., GOODALL RECTIFIERS, GEORGE V. HAMILTON, INC., HINCHLIFFE & KEENER, INC., ITT INDUSTRIES, INC., IMO INDUSTRIES, INC., F/K/A DELAVAL, INC., F/K/A TRANSAMERICA DELAVAL, INC., F/K/A DELAVAL TURBINE, INC., DEVALCON CORPORATION, INDUSTRIAL HOLDINGS CORPORATION, F/K/A CARBORUNDUM CORPORATION, INGERSOLL-RAND CORP., RICHARD LINGER, INC., N/K/A SIDNEY MANAGEMENT FACILITY, MARLEY COOLING TOWER COMPANY, METROPOLITAN EDISON COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, F/K/A METROPOLITAN INSURANCE CO., MINNOTTE CONTRACTING CORP., M.S. JACOBS & ASSOCIATES, NATIONAL VALVE & MANUFACTURING COMPANY, PHILADELPHIA ELECTRIC COMPANY, PUBLIC SERVICE ELECTRIC AND GAS CO., POTOMAC ELECTRIC POWER COMPANY, SEALITE, INC., SCHNEIDER, INC., SEPCO CORPORATION, TOWNSEND & BOTTUM, INC., UNION BOILER COMPANY, UNITED CONVEYOR CORPORATION, AND UGI CORPORATION, RESPONDENTS
Appeal from the Order of the Superior Court entered December 17, 2007 at No. 108 WDM 2007, denying the petition for permission to appeal from the Order of the Court of Common Pleas of Cambria County, entered September 14, 2007 at No. 2006-3342.
AND NOW, this 17th day of March 2009, this matter is remanded to the Superior Court for consideration of the merits of petitioner's appeal of the interlocutory order of the Court of Common Pleas of Cambria County. See Pa.R.A.P. 312 (interlocutory appeals by permission); Commonwealth v. Tilley, 780 A.2d 649, 651 (Pa. 2001).
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