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ATGLEN BOROUGH v. PA. P.U.C.

174 Pa.Super. 149 (1953)

Atglen Borough, Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

October 12, 1953.

November 11, 1953.

Attorney(s) appearing for the Case

William E. Parke, for appellant.

Joseph J. Laws, with him John R. Rezzola, Jr., Thomas C. Evans, Counsel, and Phil H. Lewis, Deputy Attorney General, for Pennsylvania Department of Highways, intervening appellee.

Harris J. Latta, Assistant Counsel, with him Albert E. Luttrell, Assistant Counsel, and Lloyd S. Benjamin, Counsel, for Pennsylvania Public Utility Commission.

L.K. Connell, for Pennsylvania Railroad Company.

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

PER CURIAM, October 12, 1953:

The order of the Pennsylvania Public Utility Commission is affirmed. The opinion of this Court will be filed at a subsequent date.

OPINION BY RENO, J., November 11, 1953:

Upon the application of the State Highway Department, the Pennsylvania Public Utility Commission entered an order authorizing the Department to construct an above-grade-highway crossing over the Pennsylvania Railroad tracks in the Borough of Atglen, Chester...

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