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

197 Pa.Super. 350 (1962)

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

Superior Court of Pennsylvania.

March 21, 1962.

Attorney(s) appearing for the Case

Nelson M. Galloway, Assistant Attorney General, with him John R. Rezzolla, Jr., Chief Counsel, and David Stahl, Attorney General, for Pennsylvania Department of Highways, appellant.

Miles Warner, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

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

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

OPINION PER CURIAM, March 21, 1962:

This is an appeal by the Department of Highways of the Commonwealth of Pennsylvania (hereinafter called "Department") from an order of the Pennsylvania Public Utility Commission, dated February 20, 1961, refusing the Department's petition of August 12, 1959, seeking amendment and modification of the final order of the commission of April 21, 1958. This order allocated against the Department 96.5 per cent of the cost of reconstructing...

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