PHILADELPHIA v. PENNA. P.U.C.


449 Pa. 402 (1972)

Philadelphia v. Pennsylvania Public Utility Commission, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.


Attorney(s) appearing for the Case

Alan R. Squires, Assistant Counsel, with him Edward Munce, Acting Counsel, for Public Utility Commission, appellant.

Frederic J. Ballard, with him Tyson W. Coughlin, James W. Sutton, Edward G. Bauer, Jr., Eugene J. Bradley, and Ballard, Spahr, Andrews & Ingersoll, for Philadelphia Electric Company, intervening appellant.

John B. King, with him Donald F. Clarke, and Thomas A. Everly, Jr., for The Bell Telephone Company of Pennsylvania, intervening appellant.

Herbert G. Zahn, Assistant Attorney General, for Pennsylvania Department of Transportation, appellee.

John Mattioni, Deputy City Solicitor, with him James M. Penny, Jr., Assistant City Solicitor, and Levy Anderson, City Solicitor, for City of Philadelphia, appellee.

David P. Bruton, with him J. Freedley Hunsicker, Jr., Lewis H. Van Dusen, Jr., and Drinker, Biddle & Reath, for Southeastern Pennsylvania Transportation Authority.

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


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

This appeal involves the question whether the burden of financing the relocation of utility lines and equipment necessitated by the extension of the Broad Street Subway in Philadelphia, must be borne by utility companies (intervening appellants)1 or whether the expense shall be allocated between the City of Philadelphia and the utility companies in such proportions as determined by...

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