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WEST PENN POWER CO. v. PA. P.U.C.

199 Pa.Super. 25 (1962)

West Penn Power Company, Appellant, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

September 13, 1962.

Attorney(s) appearing for the Case

James F. Boyer, with him Charles L. McCormick, for appellant.

Anthony L. Marino, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Adolph L. Zeman, with him Robert L. Zeman, and Zeman & Zeman, for intervening appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

OPINION BY WRIGHT, J., September 13, 1962:

On July 11, 1961, the West Penn Power Company applied to the Pennsylvania Public Utility Commission for approval of the exercise of the right of eminent domain in acquiring a right-of-way across property of Earl W. Simmons and Irene H. Simmons, his wife, for the construction, operation and maintenance of an electric transmission line. Testimony was taken at a hearing on September 25, 1961, and oral argument was heard on January...

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