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N.Y. CENTRAL RR. CO. v. PA. P.U.C.

188 Pa.Super. 647 (1959)

New York Central Railroad Company, Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

John S. Simpson, with him W.M. Ruddock, Robert M. Fisher, and Fisher, Ruddock & Simpson, for appellant.

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

Vincent M. Casey, with him Arnold Smorto, for intervening appellee.

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

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

This appeal is from an order of the Public Utility Commission sustaining a complaint of Irvin Stoker, a coal mine operator in Emeigh, Cambria County, Pennsylvania. Irvin Stoker protested the withdrawal of railroad service by New York Central and Hudson River Railroad Company to his coal mine.

Complainant leased the coal mine from Frank Calandra, Inc., which corporation acquired title by conveyance from Cherry Tree Coal...

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