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WEST PENN POWER COMPANY v. PA. P.U.C.

174 Pa.Super. 123 (1953)

West Penn Power Company, Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

November 11, 1953.

Attorney(s) appearing for the Case

William H. Eckert, with him Emory R. Kyle, Smith, Buchanan, Ingersoll, Rodewald & Eckert, Oliver B. Merrill, Sullivan & Cromwell and Charles L. McCormick, for appellant.

Lloyd S. Benjamin, Counsel, with him W. Russell Hoerner and William J. Grove, Assistant Counsels, for Pennsylvania Public Utility Commission, appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER and WRIGHT, JJ.

OPINION BY RHODES, P.J., November 11, 1953:

This is an appeal by West Penn Power Company from an order of the Pennsylvania Public Utility Commission of February 16, 1953. A petition for rehearing and stay of that order was denied by the Commission on April 6, 1953.

In this appeal the Company takes the position that the action of the Commission on October 26, 1951, constituted a final order with a finding that the rates under tariff No. 30 previously filed...

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