BERNER v. PA. P.U.C.


382 Pa. 622 (1955)

Berner, Appellant, v. Pennsylvania Public Utility Commission.

Supreme Court of Pennsylvania.

September 26, 1955.


Attorney(s) appearing for the Case

Charles E. Kenworthy, with him Leroy Long and Arthur H. James, for appellants.

John E. Fullerton, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, and Harris J. Latta, Assistant Counsel, for Public Utility Commission, appellee.

Philip Price, with him Robert J. Doran, John C. Kelley, and Harold P. Dicke, for intervening appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, September 26, 1955:

This is an appeal which we allowed from an order of the Superior Court (Berner v. Pennsylvania Public Utility Commission, 177 Pa.Super. 19, 107 A.2d 882), affirming, by a sharply divided vote, a final order of the Pennsylvania Public Utility Commission which had approved an increase in rates requested under tariff supplements filed by the Commonwealth Telephone...

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