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

189 Pa.Super. 111 (1959)

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

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

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

Lewis J. Carter, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Public Utility Commission, appellee.

Allen Lesley, with him H. Merle Mulloy, for railroad, intervening appellee.

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

OPINION BY WRIGHT, J., March 18, 1959:

We are here concerned with a motion to quash this appeal. The proceeding originated March 7, 1949, upon the filing of a complaint by the County of Montgomery relative to a dangerous underpass on U.S. Route 202 in Lower Gwynedd Township. By order dated June 2, 1952, the Public Utility Commission directed relocation of the highway and reconstruction of the railroad bridge at that point. The order provided that, for the materials...

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