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NEWPORT HOME WATER CO. v. PA. P.U.C.

174 Pa.Super. 522 (1954)

Newport Home Water Co., Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

Reargued October 2, 1953.

January 19, 1954.

Attorney(s) appearing for the Case

Paul H. Rhoads, with him Walter W. Shearer and Rhoads, Sinon & Reader, for appellant.

Jack F. Aschinger, with him Lloyd S. Benjamin and William J. Grove, Assistant Counsel, for Pennsylvania Public Utility Commission, appellee.

David Dunlap, with him Alan M. Wolf and William S. Morrow, for intervening appellee.

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

OPINION BY ROSS, J., January 19, 1954:

The Newport Home Water Company was incorporated on May 10, 1893, under the Act of April 29, 1874, P.L. 73, 15 PS sec. 1351. From 1893 to the present time the company has furnished water service to the residents of the Borough of Newport.

On November 6, 1945 the borough elected to acquire the works and property of the water company under authority of clause 7, section 34 of the Act of 1874, supra, 15 PS sec. 1353, which...

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