DEPT. OF HIGHWAYS OF COM. v. PA. P. U. C.


394 Pa. 31 (1958)

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

Supreme Court of Pennsylvania.

September 29, 1958.


Attorney(s) appearing for the Case

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

Miles Warner, Assistant Counsel, with him Jack F. Aschinger, Assistant Counsel, and Thomas M. Kerrigan, Counsel, for Pennsylvania 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 JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, September 29, 1958:

In connection with the relocation and improvement of highway routes 70 and 72 in Etna and Sharpsburg Boroughs, Allegheny County, the Department of Highways filed an application with the Public Utility Commission requesting its approval of the proposed abolition and construction of a number of highway-rail crossings pursuant to § 409 of the Public Utility Code...

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