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MONONGAHELA CONNECTING R. CO. v. PENNSYLVANIA PUB. U. COM'N

No. 15962.

373 F.2d 142 (1967)

The MONONGAHELA CONNECTING RAILROAD COMPANY, Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION and George I. Bloom, P. Stephen Stahlnecker, William F. O'Hara, John L. Dorris, and Maurice H. Claster, Commissioners and Co-Operative Legislative Committee, Railroad Brotherhoods in the State of Pennsylvania, Appellees.

United States Court of Appeals Third Circuit.

Decided February 14, 1967.

Attorney(s) appearing for the Case

Joseph A. Katarincic, Pittsburgh, Pa., Thomas W. Pomeroy, Jr., Thomas C. Mayer, Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., James H. Booser, McNees, Wallace & Nurick, Harrisburg, Pa., on the brief, for appellant.

William A. Goichman, Philadelphia, Pa., Edward Munce, Asst. Counsel, Joseph C. Bruno, Chief Counsel, Harrisburg, Pa., on the brief, for appellee, Pennsylvania Public Utility Commission.

Thomas Park Shearer, Pittsburgh, Pa. (Brandon, Shearer & Flaherty, Pittsburgh, Pa., on the brief), for Co-Operative Legislative Committee, Railroad Brotherhoods in State of Pennsylvania.

I. K. Hay, Deputy General Counsel, Interstate Commerce Commission, Washington, D. C. (Robert W. Ginnane, General Counsel, Marcus L. Meyer, Richard C. Davis, Attys., Interstate Commerce Commission, Washington, D. C., on the brief), amicus curiae, Interstate Commerce Commission.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

This controversy arose out of a complaint lodged with the Pennsylvania Public Utility Commission (P.U.C.) by the Co-Operative Legislative Committee, Railroad Brotherhoods in the State of Pennsylvania (Brotherhood) and George W. Legge, a trainman employee of the appellant, The Monongahela Connecting Railroad Company. The complaint charged an unsafe condition caused by appellant's operations on the 29th Street...

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