CARNEGIE NAT. GAS CO. v. ALLEGHENY CO.


406 Pa. 134 (1962)

Carnegie Natural Gas Company v. Allegheny County, Appellant.

Supreme Court of Pennsylvania.

January 2, 1962.


Attorney(s) appearing for the Case

Maurice Louik, County Solicitor, with him Arthur L. McLaughlin, III, Assistant County Solicitor, for County of Allegheny, appellant.

J. Tomlinson Fort, with him Carl E. Glock, and Reed, Smith, Shaw & McClay, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. JUSTICE COHEN, January 2, 1962:

Carnegie Natural Gas Company (Carnegie) seeks to recover from the County of Allegheny (County) the cost of replacing part of its gas lines. Liability is sought to be imposed upon the County by agreement of Carnegie with County entered into in August, 1929.1 The County resists, claiming that the agreement had no validity since Carnegie did not seek its approval by the Public Service Commission...

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