THE PA. R.R. CO. v. PA. P.U.C.


182 Pa.Super. 54 (1956)

The Pennsylvania Railroad Company et al., Appellants, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

October 2, 1956.


Attorney(s) appearing for the Case

Donald A. Brinkworth, for protestant, appellant.

Paul F. Barnes, with him Shertz, Barnes & Shertz, for protestants, appellants.

Henry M. Wick, Jr., with him Samuel P. Delisi, for protestants, appellants.

William J. Wilcox, for protestant, appellant.

James W. Hager, with him McNees, Wallace & Nurick, for protestant, appellant.

L. Norman Dilley and Voorhees, Dilley, Keck and Rowley, for protestant, appellant.

Andrew C. Armstrong, for protestant, appellant.

John H. Scott, Jr., and Reed, Smith, Shaw and McClay, for protestant, appellant.

Owen B. McManus, Assistant Counsel, with him Thomas M. Kerrigan, Acting Counsel, for Pennsylvania Public Utility Commission, appellee.

Jerome Solomon, with him Joseph H. Reich, for applicant, intervening appellee.

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


OPINION BY ERVIN, J., October 2, 1956:

These appeals are by protestant motor and rail carriers from an order of the Pennsylvania Public Utility Commission, dated May 28, 1956, granting to John Benkart & Sons Co., the intervening appellee, hereinafter called Benkart, "the right to operate motor vehicles as a common carrier as follows: `To transport, as a Class D carrier, iron and steel and iron and steel articles from points in the counties of Allegheny and Beaver...

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