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DEPARTMENT of HIGHWAYS v. PA. P.U.C.

179 Pa.Super. 376 (1955)

Department of Highways, Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

September 28, 1955.

Attorney(s) appearing for the Case

Joseph J. Laws, Senior Highway Counsel, with him John R. Rezzolla Jr., Advanced Highway Counsel, Phil H. Lewis, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for Department of Highways, appellant.

Harris J. Latta, Jr., Assistant Counsel, with him Albert E. Luttrell and John R. Gavin, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Windsor F. Cousins, with him Lawrence K. Connell, for railroad, intervening appellee.

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

OPINION BY RHODES, P.J., September 28, 1955:

These appeals are by the Department of Highways of the Commonwealth of Pennsylvania from two orders of the Pennsylvania Public Utility Commission of May 24, 1954 (appeal taken June 25, 1954) and July 12, 1954 (appeal taken August 20, 1954) approving the applications of the department for reconstruction, inter alia, of two railway-highway grade separation facilities, one located in Camp Hill, Cumberland County

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