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P.P. & L. v. P.U.C. and SEC. OF DEFENSE OF U.S.

Appeal, No. 398 C.D. 1972.

8 Pa.Commw. 322 (1973)

Pennsylvania Power & Light Company v. P.U.C. and Secretary of Defense of the United States, Intervenor.

Commonwealth Court of Pennsylvania.

March 14, 1973.

Attorney(s) appearing for the Case

Robert H. Young, with him Allen W. Stewart, Vincent Butler and, of counsel, Morgan, Lewis & Bockius, for appellant.

Philip P. Kalodner, Counsel, with him Daniel F. Joella, Assistant Counsel, and Dominic J. Ferraro, Assistant Counsel, for appellee.

Argued January 9, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, March 14, 1973:

This opinion and accompanying order will be dispositive of cross motions. The Pennsylvania Public Utility Commission (PUC) filed a motion to quash the appeal of the Pennsylvania Power & Light Company (PP&L) from an order of the PUC dated March 28, 1971. Thereafter, PP&L filed a motion to dismiss the PUC's motion to quash. This Court restricted the argument to the "cross motions," and postponed argument

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