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

208 Pa.Super. 168 (1966)

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

Superior Court of Pennsylvania.

June 17, 1966.

Attorney(s) appearing for the Case

Joel E. Mazor, Assistant Attorney General, with him Howard M. Shaw, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Dominic J. Ferraro, Assistant Counsel, with him Anthony L. Marino, Assistant Counsel, and Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

John C. Sullivan, Assistant City Solicitor, with him Spencer G. Hall, City Solicitor, for City of Harrisburg, intervening appellee.

Robert D. Hanson, Solicitor, for County of Dauphin, intervening appellee.

James E. Frick, with him H. Merle Mulloy, for Reading Company, intervening appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY HOFFMAN, J., June 17, 1966:

On February 13, 1964, the City of Harrisburg instituted proceedings before the Public Utility Commission against the Reading Company, the County of Dauphin, and the Pennsylvania Department of Highways. The City's complaint alleged that the bridge carrying Thirteenth Street, a city street, over certain tracks of the Reading Railroad was in a severe state of deterioration. It further alleged that the bridge was a hazard to the...

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