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DEPT. of HWYS. v. PA. P.U.C.

185 Pa.Super. 1 (1957)

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

Superior Court of Pennsylvania.

November 18, 1957.

Attorney(s) appearing for the Case

Joseph J. Laws, Special Counsel, with him John R. Rezzolla, Jr., Chief Counsel, Joseph L. Donnelly, Deputy Attorney General, and Thomas D. McBride, Attorney General, for Department of Highways, appellant.

Miles Warner, Assistant Counsel, with him Jack F. Aschinger, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Public Utility Commission, appellee.

Walter T. Wardzinski, with him Thomas J. Munsch, Jr. and Henry G. Wasson, Jr., for Duquesne Light Company, intervening appellee.

David Dunlap, with him John T. Brown and H. Robert Barnes, for Equitable Gas Company, intervening appellee.

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

OPINION BY WOODSIDE, J., November 18, 1957:

This is an appeal from an order of the Pennsylvania Public Utility Commission imposing upon the Pennsylvania Department of Highways a portion of the cost of relocating utilities ordered removed from a public highway by the commission in connection with a highway-railway crossing improvement.

The question is whether the commission has the power to impose upon the Commonwealth any of the cost of relocating the utilities...

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