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

185 Pa.Super. 418 (1958)

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

Superior Court of Pennsylvania.

January 21, 1958.

Attorney(s) appearing for the Case

Nelson M. Galloway, Assistant Attorney General, with him John R. Rezzolla, Jr., Deputy Attorney General, and Thomas D. McBride, Attorney General, for Department of Highways, appellant.

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

Harold B. Bornemann, with him Josephine H. Klein, for railroad, intervening appellee.

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

OPINION BY RHODES, P.J., January 21, 1958:

This is an appeal by the Department of Highways of the Commonwealth of Pennsylvania from an order of the Pennsylvania Public Utility Commission allocating certain costs of construction against the department in a project involving the reconstruction of a railway-highway grade separation structure.

The proceeding was initiated on November 29, 1950, when the Schuylkill County Motor Club filed a complaint with the commission...

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