AKRON BOROUGH v. PENNA. P.U.C.


453 Pa. 554 (1973)

Akron Borough v. Pennsylvania Public Utility Commission, Appellant.

Supreme Court of Pennsylvania.

September 19, 1973.


Attorney(s) appearing for the Case

Philip P. Kalodner, with him Edward Munce, Anthony L. Marino and Alan R. Squires, for Pennsylvania Public Utility Commission, appellant.

Eugene J. Brew, Jr., and Dale and Brew, for Harborcreek Township, amicus curiae.

W. Russel Hoerner, with him Kenelm L. Shirk, Jr., Shearer, Mette, Hoerner & Woodside, and Shirk & Reist, for Borough of Akron, appellee.

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


OPINION BY MR. JUSTICE POMEROY, September 19, 1973:

The Pennsylvania Public Utility Commission [hereinafter the "P.U.C." or "the Commission"] here appeals a decision of the Commonwealth Court entered August 5, 19711 in which that court held that the P.U.C. was without power (upon the complaint of a third person) to order a municipality which supplies water services to its citizens and to customers within a certificated extraterritorial...

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