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DUQUESNE L. CO. v. MONROEVILLE BORO.

449 Pa. 573 (1972)

Duquesne Light Company, Appellant v. Monroeville Borough.

Supreme Court of Pennsylvania.

November 17, 1972.

Attorney(s) appearing for the Case

David McNeil Olds, with him Harry H. Weil, T.J. Munsch, Jr., and Reed, Smith, Shaw & McClay, for appellant, Duquesne Light Company.

Edward Munce, with him Anthony L. Marino, for appellant, Pennsylvania Public Utility Commission.

Richard B. Tucker, Jr., with him B.A. Karlowitz, and Tucker, Burke, Campbell & Arensberg, for appellant, The Bell Telephone Company of Pennsylvania.

John M. Feeney, with him Richard L. Rosenzweig, Jerome M. Myers, Harrington, Feeney & Schweers, Rosenzweig & Rosenzweig and Meyers & Meyers, for appellee.

Vincent Butler, with him Gennaro D. Caliendo, for intervenor.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, November 17, 1972:

On October 25, 1966, the Borough of Monroeville [Borough] enacted Ordinance No. 557, which created an underground wire district pursuant to Sections 2301 through 2305 of the Pennsylvania Borough Code.1 The ordinance prohibits the introduction of new overhead wires, cables and supporting poles within the defined district and requires the removal...

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