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

190 Pa.Super. 1 (1959)

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

Superior Court of Pennsylvania.

June 10, 1959.

Attorney(s) appearing for the Case

Nelson M. Galloway, Assistant Attorney General, with him Michael J. Stack, Jr., Deputy Attorney General, John R. Rezzolla, Jr., Chief Counsel, and Anne X. Alpern, Attorney General, for Department of Highways, appellant.

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

W. Russell Hoerner, with him Paul H. Rhoads, Russell G. Weidner, and Ruth, Weidner, Woerle & Yoder, and Rhoads, Sinon & Reader, for borough, intervening appellee.

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

OPINION BY GUNTHER, J., June 10, 1959:

The Department of Highways has appealed from the order of the Pennsylvania Public Utility Commission wherein the commission has determined and ordered a certain cost allocation for water mains required to be relocated in connection with the construction of a highway.

The Department of Highways in 1956 was in the process of constructing a portion of State Highway Route...

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