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CEN. R.R. CO. of N.J. v. P.U.C. & BLUE COAL C.

Appeal, No. 581 C.D. 1971.

3 Pa.Commw. 654 (1971)

The Central Railroad Company of New Jersey v. P.U.C. and Blue Coal Corporation, Intervenor Appellee.

Commonwealth Court of Pennsylvania.

December 22, 1971.

Attorney(s) appearing for the Case

Cody H. Brooks, with him Warren, Hill, Henkelman & McMenamin and Jack F. Aschinger, for appellant.

Albert W. Johnson, III, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee.

Bernard Brown, with him Franklin B. Gelder, for intervenor-appellee.

Argued November 4, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS.

OPINION BY JUDGE WILKINSON, December 22, 1971:

On July 2, 1969, Central Railroad Company of New Jersey (appellant) issued in Tariff 216 G, Pa. P.U.C. No. C. & C. 560, a new rate increasing the rates for unprepared coal in carloads transported from mines owned by Blue Coal Corporation (intervenor-appellee) to Huber Colliery in Ashley, Pennsylvania, an average distance of 8.6 miles, from an average of 21.5 cents per gross ton to an average of 65 cents to be effective...

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